Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

Follow-Up on Klamath Falls
Devvy Kidd ^ | Devvy Kidd

Posted on 01/20/2002 11:14:44 AM PST by Constitution Scholar

Follow-Up on Klamath Falls

If you are unfamiliar with my first piece on this issue, please go to:

http://www.devvy.com/sucker_20020104.html

On January 11, 2002, Larry Becraft and I met with a group of farmers and ranchers up in Klamath Falls, Oregon. Thousands of people up there have been devastated by the Bush Administration doing nothing to stop the appalling event last April when the Bureau of Reclamation (BOR) turned off the water which fed farms and ranches in the Klamath Basin. This area is located in So. Oregon and No. California.

I had already been up to Klamath Falls on September 7, 8, & 9, 2001, to meet with any farmers who were interested in learning about jurisdiction. In turn, I learned many facts from the local folks. On Friday the 11th, Larry and I spent quite a bit of time with a group of affected individuals who had done a tremendous amount of homework. This is what we learned:

Genesis

This entire episode was caused by environmental extremists filing a lawsuit demanding that BOR turn off the water that flowed to the farmers. The basis for this lawsuit was to protect a junk fish called a "sucker." These extremists, armed with voodoo science, contended that this worthless fish was endangered and therefore, humans should be starved out and driven into bankruptcy to protect them under the ESA (Endangered Species Act).

The situation was exacerbated when the native Indians of the area joined the greenies. They maintain that the sucker fish is a sacred fish and they use it every year for one of their religious ceremonies. All of this has been covered in the first piece I did.

Jurisdiction

The first and only question that is important here is jurisdiction. Did the feds have any authority to shut off the life giving water and then place armed federal agents on those headgates to make sure the water stayed off?

When the greenies filed suit, it went to the standard corrupt federal court. A federal judge ordered BOR to shut off the water. They did on April 6, 2001. Life giving water was suddenly stopped. Our fellow Americans were shell-shocked to say the least. Then BOR had the U.S. Fish & Wildlife Service to go to the canal, proceed onto the property and stand guard.

Here's where it gets very interesting. Prior to the filing of the suit, BOR went to K.I.D. (Klamath Irrigation District) and requested permission to go to the headgates and turn off the water. K.I.D. said no and filed suit to stop BOR. This lawsuit was thrown out by the same federal judge who ruled in favor of the greenies.

Now, if the feds, whether it be BOR, Department of Interior or the U.S. Fish & Wildlife Service owned the land, thereby giving them jurisdiction, why did BOR first go to K.I.D. to request permission to go to the headgates and turn off the water?

Before I go further, and this is very important:

The U.S. Fish & Wildlife Service derives its jurisdiction from an international treaty. The Wallace Institute believes without question that international treaties cannot be enforced against domestic Americans. If you are unfamiliar with this issue, I urge you to read the first article I posted as it contains the URLs of articles written by Larry Becraft on treaties. It is critical in understanding the injustice that has been done to the American people for the past 30 years to protect the agenda of environmental extremists.

Ownership of the land on both sides of the canal and the headgates

As I said earlier, these wronged Americans did their homework and according to the documentation they presented to me and Larry, here's the legal reality:

The land on one side of the canal where these farmers and ranchers set up their tents and remained for four months belongs to the county. They had secured a permit to be on the land.

The headgates belong to the farmers who paid for them.

So, if the headgates belong to the farmers and the land next to the headgates belongs to the county, how is it the BOR got away with turning off the water and then bringing in armed U.S. Fish & Wildlife Service agents onto the headgates to make sure our fellow Americans had no water?

A court order. But, the bottom line, at least this is how it appears based on the evidence, is that BOR ordered the U.S. Fish & Wildlife Service, who derive their jurisdiction from international treaty, to trespass onto the headgates and steal water rights from the rightful owners.

The U.S. Fish & Wildlife Service enforced their trespassing with guns pointed at Americans.

Nice, huh?

On January 12, 2002, there was a public meeting held at the fairgrounds in Klamath Falls. Counterfeit U.S. Senator Ron Wyden, who unlawfully represents the State of Oregon in the U.S. Senate, plus some local politicians, gave political speeches. They stumped big time for the GOP and said absolutely nothing to the 3,700 farmers who attended. More empty promises and pretty words belched to give false hope to the desperate. I've seen this garbage a thousand times over the past ten years.

BTW, I originally was told the number of attendees was 5,000, but today I learned it was 3,700.

Many of the farmers and ranchers who attended could see this "event" for what it was. Sadly, too many who attended, this being a Republican stronghold, bought into the rhetoric and believed the gas bags on the stage when they all said Mr. Bush has put Klamath Basin at the top of his list of priorities. Sure and that's what Congress said last summer. They were going to hold hearings and other empty promises. To date nothing has been done for our fellow Americans destroyed for no legitimate or lawful reason.

The final speaker was a gentleman who owns the largest feed and grain operation in the area. He got up and said that the govmint had better resolve this matter because on February 9, 2002, they would "draw a line in the sand" and will be at the headgates. This got my immediate attention.

He did not say that these desperate Americans would tear down the new, permanent enclosure the feds have put around those headgates to keep the water turned off, which should tell people that permanent security means just that. It should be a reality check for those people that the govmint is never going to turn on the water needed to plant crops, save the wildlife or anything else. But, I think it's safe to assume that the intention is to turn on the water.

These ranchers and farmers have no choice in my opinion. If they don't get seed into the ground in time, for the second year in a row, there will be no planting and that will be it. Not only will our fellow Americans receive the death knell after farming and ranching that area for a hundred years or more, this cancer will blow across this country with no one to stop it. That was the consensus up there among many: Klamath Falls is the staging area to stop this lunacy once and for all.

I volunteered to step up and be one of the first to do whatever is going to be done on February 9th. I told the people we were with that I have already said it on my web site: If America is going to have a Tienneman Square, I'll be the first to go stand in front of a tank. I want to see if a member of the United States military will shoot an unarmed woman. However, the locals said thank you, but it should be people from Klamath Falls.

February 9th will be here soon, so I guess we're all going to see what happens. God willing, the water gets turned on and Bush's henchmen realize what will happen if they fire on Americans. I'm praying real hard this does not happen. However, the question of ownership and jurisdiction still has to be resolved. The feds will never in a million years admit to trespassing and stealing water rights. You can take money to the bank that they will attempt to block any efforts by the affected parties.

This means going to court. The Wallace Institute has identified two women we would like to represent in a lawsuit that will benefit everyone. The first lady is 91 years old. When the water was turned off, there went her land, her well dried up and she's in danger of being thrown off her property and out into the street. The other lady is also one of those who had her water turned off and she has the old documents to show that the water and headgates was paid for by her and others farmers.

We cannot represent these people without money.

Our fellow Americans up there have nothing left, okay? Last summer truckloads of food and other items came in from around the country to feed these Bush-whacked, hard-working families. Farmers going hungry in America. Does this make any sense to you? I'll bet our greenies who started this mess haven't missed any meals lately. The people of the Klamath Basin are in even more dire straits now than last year. They have no money for lawyers.

These are families with children, families who never did anything wrong. They farmed the land and one day the govmint came along and the next thing they knew, they had no food to feed their children. In May 2001, Mr. Bush threw $43 billion dollars to the Taliban knowing they sponsored and supported terrorism, specifically Ussamah ben Ladin. Unconstitutional as hell.

Bush did nothing to stop his henchmen and thugs like Gale Norton, BOR and U.S. Fish & Wildlife from their unlawful activities up in the Klamath Basin. Yet one month after the water is shut off up there, he tosses $43 billion dollars to the Taliban. And people wonder why I have such harsh criticism of this man?

Many people inquire why The Wallace Institute doesn't file more cases? Lawsuits cost money. Local counsel (very expensive) has to be paid. There are travel costs, depositions and the whole nine yards. In the past year and a half, our General Counsel, Larry Becraft, has put in hundreds of hours on our existing cases and he hasn't billed the institute because what funds we have must be used for expenses. Larry can no longer afford to perform hundreds of hours worth of legal work without pay. He has a family to support and I'm sure people can understand that.

We take no money from any state or the federal mafia. Foundations will not donate because we are not a 501(c)(3) tax exempt entity, nor will some individuals. They are looking for a "tax break." We are working for freedom. If the govmint isn't stopped at the Klamath Basin, no rancher or farmer in this country stands a chance.

This web site is very heavily visited. I know for a fact that people worth a great deal of money read this web site. We are setting up a legal defense fund to represent these two women. My husband and I are stepping forward with the first $100.00 check. I wish it could be a million, but my husband only makes so much money and I've been working for free for over the past ten years.

I'm asking you to be as generous as you can and make a donation today for this legal defense fund. Please don't just assume someone else will make a donation. It's very, very difficult to raise money, especially with the economy tanking. However, if we, all of us, don't help our fellow Americans now, the ones who put food on our tables and in restaurants, who will come to your aid when this world government agenda supported by Washington, DC comes to your neck of the woods?

Won't happen? The farmers in Oklahoma are already under attack now by environmental extremists over protecting a minnow. Mark my words: Klamath Falls has to be where this battle is fought now. Those farmers and ranchers need the water now. At the same time, ownership and jurisdiction must be established. Yeah, it takes an un-Godly amount of time to go through the legal process, but it has to be done.

One loss, one new suit

The Pacific Legal Foundation is a very good legal organization. However, I respectfully submit that the course they are pursuing will end in failure again. First what they intend to do:

http://www.klamathbasincrisis.org/articles/PLF-suedelistklamathcoho.htm

Pacific Legal Foundation Announces, Will Sue to Delist Klamath Salmon
Pacific Legal Foundation Announces New Fish Fight - Will Sue to Delist Salmon at Center of Klamath
Pacific Legal Foundation, Thursday January 10, Press Release

    "BELLEVUE, Wash.--(BUSINESS WIRE)--Jan. 10, 2002--Pacific Legal Foundation today announced a new legal challenge that seeks to overturn the federal government's listing of the Southern Oregon/Northern California coho salmon (Klamath Basin salmon) as threatened under the Endangered Species Act (ESA).

    "ESA protection of Northern California/Southern Oregon coho living in the Klamath River was a significant factor in the government's decision to shut down water deliveries to Basin farmers in the Spring of 2001.

    "``The Fisheries Service is guilty of using junk science to advance a political agenda. Our rivers and streams are teeming with salmon, yet farmers have been pushed into bankruptcy, businesses are closing, and a way of life is being destroyed while government officials explain away listing fish that really aren't endangered at all,'' said Russ Brooks of Pacific Legal Foundation.

    "The lawsuit announced today, Oregon Grange v. National Marine Fisheries Service, marks the second time that PLF has challenged salmon listings brought under the ESA. In September 2001, PLF won a major victory in Alsea Valley Alliance v. Daley, which challenged the Oregon Coast coho listing. In that case, a federal judge affirmed that hatchery-spawned salmon are biologically indistinguishable from so-called ``wild'' salmon and ruled that listing the Oregon Coast coho as endangered was ``arbitrary.'' Judge Hogan's conclusions in the Alsea case -- that the government had created the unusual circumstance of two genetically identical coho salmon swimming side-by-side in the same stream, while one receives ESA protection and the other does not -- is the basis for the new case that will be filed next week in Oregon federal court. PLF sent a 60-day notice of intent to sue to the Secretary of Commerce and NFMS in mid-November.

    "``We are within days of fulfilling the 60-day notice requirement,'' said Brooks.

    "``Unless the government takes immediate action to remove the fish from protected status -- and we have no indication that they will -- PLF will be banging on the courthouse door to challenge this listing. It is time to end the nonsense and return some common sense to species listings,'' he said.

    "The case announced today will be the focus of much attention during a water forum and coho salmon barbecue scheduled for this weekend in the Klamath Basin that is expected to draw 4,000 people. Ironically, the coho salmon to be served at the barbecue was donated to Oregon food banks by the Oregon Department of Fish and Wildlife to feed bankrupt farmers and their families affected by regulatory action under the ESA.

    "Founded in 1973, Pacific Legal Foundation is, in the words of the Washington Post, the ``oldest, largest and perhaps most influential'' public interest law firm dedicated to limited government and individual rights.

                                                                        ~ ~ ~ ~ ~

This new suit deals with overturning the ESA's ruling that a particular coho is endangered. In other words, delist. Pacific Legal Foundation just lost a case involving a protected shrimp. They attempted to get this shrimp delisted by the ESA:

January 15, 2002

Protected Shrimp Nets a Victory

Environment: The Supreme Court rejects a challenge to the freshwater species' endangered status.
By David G. Savage, Times Staff Writer

    "WASHINGTON -- The tiny fairy shrimp, which lives in rainwater ponds in California's Central Valley, won a victory of sorts Monday at the Supreme Court, as the justices turned away a challenge to its federal protection as an endangered species.

    "It marked the third time in recent years that the high court has refused to limit the federal government's power to protect wildlife. Property rights advocates have been eager for the court's conservative justices to reconsider the reach of the Endangered Species Act.

    "The Constitution gives Congress the power to "regulate commerce . . . among the several states," and lawmakers relied on this power in passing the federal environmental laws.

    "But the Supreme Court, led by Chief Justice William H. Rehnquist, has moved to put limits on this power. In 1995, the court struck down on a 5-4 vote a federal law that made it illegal to have a gun near a school. Two years ago, the court struck down a second law that gave rape victims a right to sue their attackers in federal court. In both instances, Rehnquist said that because gun possession and sexual assault do not involve interstate commerce, Congress had no power to make them federal offenses.

    "A coalition of Central Valley ranchers and builders said the same logic should apply to the fairy shrimp.

    "The "tiny, fly-sized freshwater crustaceans are found only in California," they said, and "they have no commercial purpose." Therefore, the builders argued, federal wildlife regulators should not have the authority to protect these shrimp and their habitat from being destroyed.

    "Under the Endangered Species Act, those who kill a threatened animal or destroy its environment are subject to fines and criminal penalties.

    "But so far, this argument has failed to win the votes of at least four Supreme Court justices, the minimum needed to take up an appeal.

    "Justice Department lawyers and most lower-court judges have taken a broad view of the environment. They say Congress has the power to protect endangered wildlife in general, and this includes insects, rodents and crustaceans as well as the majestic bald eagle."

                                                                            ~ ~ ~ ~ ~

Pacific Legal Foundation represented the builders in the suit above over shrimp and lost. The chances of winning this new suit are not good.  Not because PLF doesn't have smart lawyers, but because this whole agenda is political. Not environmental. Not science. It's pure politics and special agenda corruption.

Please note the last paragraph above in the article. Then go read the factual legal analysis Larry has done on this very issue, including the court cases that have never been overturned. Then you'll see that the last paragraph in the piece above on the shrimp is a bald faced lie:

http://www.devvy.com/jurisdiction_20000110.html

http://www.devvy.com/jurisdiction_20000112.html

http://www.devvy.com/jurisdction_20000114.html

The federal courts are corrupted beyond redemption. Filing a federal case to ask the parasites (judges) to delist any alleged endangered species, crossing the host (Congress) who appoints them for life, has been proven to be a waste of time and money in almost every single suit. As I said, Pacific Legal Foundation is a very good organization, but I feel their chances of winning are poor. The deck is so badly stacked against them, it's simply a crime against the people of this nation. I sincerely wish them well in their effort.

The only way to get rid of the ESA or get it amended to something realistic, is to clean out this nest of greedy, corrupt, cowards who serve in the U.S. Congress. With vote fraud taking center stage, that's not going to happen until enough people in this country kill the television set, park the Winnebago, stop going to the malls, pay attention to what's happening around them and demand electronic voting machines are junked.

Corruption and fraud is now just a way of doing business

I want to give an example of what govmint and state employees will do and how far they will go to support their own job security and to assist the environmental wackos in their quest to destroy all personal property rights in this country:

January 7, 2002

Biofraud attempt jeopardizes study of threatened grizzlies

By Audrey Hudson
The Washington Times

    "Another case of "biofraud" has surfaced in Washington state, prompting lawmakers there to call for congressional intervention.

    "A state fish and wildlife biologist asked taxidermist Jim Gintz for grizzly bear hair samples in March 2001, said state Rep. Bob Sump, Republican co-chairman of the Natural Resources Committee.

    "If such a sample had been given, it could have tainted a grizzly habitat study in Washington that encompasses 3,600 square miles and, as a result, affected recreation, timber, mining, road construction and other human activities.

    "The Washington Times reported last month that seven federal and state employees were caught submitting false samples of another threatened species in the state, the Canadian lynx.

    "When the taxidermist read that officials used the hair of captive lynx and pelts to fix the sample, he alerted Mr. Sump that additional fraud may be occurring.

    ""Unfortunately, the lynx biofraud is not an isolated event but an egregious example of a serious malady that has infected environmental regulatory agencies," said Rob Gordon, director of the National Wilderness Institute.

    "Mr. Sump and state Rep. Jim Buck, both Republicans, are concerned that planting evidence of endangered and threatened species is even more widespread.

    ""It was our hope that the problems with the lynx study were an isolated incident," Mr. Sump said in a letter to Rep. Richard W. Pombo, California Republican and chairman of the Western Caucus.

    ""Unfortunately, the publicity from that incident is causing citizens with knowledge of similar improprieties to come forward. These incidents should also be investigated," Mr. Sump said.

    ""I think it has to be done at the congressional level to put the issue to rest. Anything less will always be viewed with suspicion," Mr. Buck added.</font>

    "The grizzly is currently listed as a threatened species, but environmental activists are pushing for endangered status. Mr. Pombo said he has "long suspected" that studies involving endangered species are "faulty." Congress and the General Accounting Office should determine if these incidents are isolated and if the employees should be fired, he said.

    "Environmental activism that encourages unethical and mischievous behavior must not be tolerated," Mr. Pombo said.

    "The state fish and wildlife biologist told Mr. Gintz the grizzly bear hair samples would be used in a blind or control sample for laboratory analysis, but Mr. Gintz refused to cooperate. Mr. Gintz was preparing a grizzly bear rug for a local citizen. The bear was shot on a legal hunt in Alaska.

    "I checked with my sources in Washington, D.C., and found that while blind samples are permitted in the grizzly bear study protocol, they may only be submitted from areas where grizzlies have been reintroduced and then only with the approval of the person in charge of the study," Mr. Sump said.

    "One can only wonder why the Washington Department of Fish and Wildlife must rely on covertly obtained blind samples of grizzly bear fur when it could get an official sample from virtually any state or provincial wildlife office with a simple phone call," Mr. Sump said.

    "Scientists involved in the survey said they did not intend for the falsified samples to be included in their study, but were testing the laboratory's ability to identify the cats.

    "The lynx biofraud has prompted a General Accounting Office audit, inspector general investigations in the Interior and Agriculture Departments, and House and Senate hearings. The state lawmakers want the lynx investigation expanded to include the grizzly study, and key House Republicans signaled the scope will be widened.

    "If this incident proves true, we absolutely have to go back and revisit any federal study of endangered and threatened species that biologists from the Washington Division of Fish and Wildlife participated in," said Rep. James V. Hansen, Utah Republican and chairman of the House Resources Committee.

    "If we get this wrong if we shut down access to thousands of acres of public land because of endangered species that turn out to not even be there we not only take away people's enjoyment of these lands, but we wipe out countless jobs that relied on access to that land. We affect recreation, tourism, farming, ranching, logging and more. We put people out of work," Mr. Hansen said.

    "Ed Owens, a natural resources consultant, said the larger question is whether science is being manipulated to match public policy.

    "The grizzly and lynx issues are not directly related but indirectly involve the future use of millions of acres of land," he said."

                                                                        ~ ~ ~ ~ ~

Nice, huh? These are just two incidents where these fine upstanding public servants got caught. How many haven't been caught? How many Americans have lost everything because the fraud and corruption wasn't exposed?

Environmental deadheads proud of their crimes

January 16, 2002

Eco-terrorists release list of targets in 2001

By Hal Bernton
Seattle Times staff reporter

    "An Animal Liberation Front spokesman yesterday released a year-end list of arsons, tree spikings, laboratory attacks and other illegal acts he says were committed in the name of saving animals and the environment.

    "Compiled from news reports, missives from people who commit the crimes and other sources, the first-of-a-kind report purports to document the scope of the underground movement and justify the militant actions in post-Sept. 11 North America.

    "The report cites 137 acts in 2001 and claims the $5.3 million arson at the University of Washington on May 21 as the year's most destructive. It says a $1.5 million Snohomish County egg-farm fire April 5 was also tied to the movement.

    "Toby Bradshaw, a UW professor whose poplar-tree research was destroyed in the May fire, welcomes the report because he says it shows how threatening the groups are.

    "It seems that anyone who is a student of history would see that terrorism doesn't work," he said. "But these people have a combination of ignorance and malice that is really dangerous."

    "David Barbarash, a Canadian militant who released the report and is the spokesman for the loose-knit group, boasts that new U.S. and Canadian anti-terrorism laws will not shut the movement down.

    "It would be irresponsible for animal and earth warriors to abandon their campaigns and actions at this time," he said.

    "Barbarash operates out of the small town of Courtenay on Vancouver Island and claims to have no physical connection or direct communication with anyone involved in illegal acts. Instead, he says he receives untraceable communiqués from anonymous people after an action has occurred.

    "The FBI has had few successes in tracking down and prosecuting activists in the Earth and Animal Liberation groups, whom the agency classifies as domestic terrorists.

    "There was a short time when all (investigative) efforts were devoted to Sept. 11," said Beth Steele, an FBI spokeswoman in Portland. "But we are definitely back in operation and working full speed ahead."

    "The Barbarash report, released yesterday, lists seven crimes committed last year in Washington and 13 in Oregon.

    "Within Washington, the most high-profile was the UW fire. Poplar research was the purported target, but projects involving rare plants, wetlands and urban landscapes were also destroyed.

    "Babarash's report says the movement was likely behind a fire at National Foods egg farm in an unincorporated area just south of the Arlington Airport.

    "No group claimed responsibility for that fire, but an FBI spokesman in Seattle says the agency has an active investigation into the case.

    "Barbarash served four months' time in a Canadian prison for a 1992 raid on a University of Alberta laboratory that released 29 cats and damaged research facilities.

    "In 1998, Canadian authorities arrested him for sending razor-blade-lined letters to hunters and people in the fur industry. Those charges were later dropped out of concern the prosecution would jeopardize other investigations, according to Constable Danielle Efford of the Royal Canadian Mounted Police.

    "In 1999, Barbarash assumed the role of spokesman for the Animal Liberation Front and has commented on crimes claimed by the Earth Liberation Front.

    "The 2001 report documents crimes ranging from the smashing of windows at a Wendy's restaurant in Gaithersburg, Md., to a $700,000 arson at a cotton gin in Visalia, Calif. It also notes 13 different groups that claimed responsibility for illegal actions, including the Lawn Liberation Front, The Frogs and Santa and His Elves.

    "The report says the "Least Impressive Action" occurred June 11 when vandals smashed 45 windows at a Bed, Bath & Beyond store in Salt Lake City.

    "An Animal Liberation Front communiqué claimed the store had a financial connection to Stephens, an investment company that loaned money to animal-research labs. But Barbarash said there was no connection. "

                                                                        ~ ~ ~ ~ ~

Funny how state and federal law enforcement can't seem to round up these criminals who brag about their crimes. They'd rather hunt down people for not wearing seat belts or reading personal e-mail of those who disagree with the govmint.

I refuse to buy any cosmetics or personal hygiene products like soap, shampoo, deodorant or anything else unless it's animal cruelty free. There is absolutely no excuse for perfume makers to spray hair spray into the eyes of a little rabbit just to see how it will react. I have seen photos of this kind of experimentation and it's sickening. It's simply not necessary.

Believe me, there is a huge market for animal cruelty free products with great selections. If more people would refuse to buy products that practice unnecessary cruelty on any animal, it would be real nice in my opinion. I am not a greenie by any stretch of the imagination. You don't put animals over humans. It's also not necessary to torture little animals so that companies can see how they will react under certain conditions just to make perfume or deordorant.

However, none of the criminal acts by these environmental loon-bags is excusable. There is reason and then there is insanity. There are reasonable balances between man and the environment.

Our farmers, ranchers and hunters are the most responsible stewards of our lands, make no mistake about it.

These so-called animal activists are stupid, deluded fools being used by very powerful people to further the destruction of our Republic. Bottom line: If they commit acts of violence against anyone or property not theirs, I say send them up the river for a long time.

In the meantime, The Wallace Institute knows what has to be done and we need your help. What has to be done will not be undertaken in the corrupt federal courts.

Why a legal defense fund?

If by some miracle of God, the feds acknowledge their unlawful activities up at those headgates and allow the water to flow for now, it still doesn't resolve the issue of who owns the headgates, the water and jurisdiction.

I think most of you live in the real world like I do and know that the govmint is never going to admit they trespassed and stole the water rights of a huge number of Americans. To admit they had no legal authority to be on those head gates and that they stole water rights would mean big bucks to settle claims. Nope, we can count on the govmint fighting to cover up their illegal activities. That leaves us no choice but court.

You can mail a check or money order to:

The Wallace Institute
P.O. Box 60543
Sacramento, California 95860

or you can donate on-line using your credit card through the easy and secure Paypal system:

http://www.devvy.com/wform2.html

If you do send a check or money order for this effort, be sure to mark your check "farmers" so I know which account to deposit it into.

The Wallace Institute has been blessed with financial support from faithful sponsors for several years now. However, it takes a little from a lot of you to give us the financial tools we need to fight for everyone's rights. We don't expect anyone to hock their house, just a whole lot of you who care, giving something.

I thank you and I can tell you that the people up in Klamath Falls thank you from the bottom of their hearts. Please, America, don't let these people be run off their land because of lawbreakers who wear a uniform and point guns at our fellow Americans.

Whose next?

Update January 19, 2002:
Associated Press

    "Yreka - A class-action lawsuit demanding that enviornmentalists and a commercial fishing group pay damages for Klamath Basin farmers denied water last summer has been withdrawn after the defendants threatened to bring their own lawsuit.

    "They attorney who brought the lawsuit filed for dismissal after being informed he would face a countersuit under the so-called "anti-SLAPP" statute, which prohibits frivolous lawsuits intended to intimidate defendants, said Phillip Berry, attorney for the enviornmental groups.

    "The lawsuit was filed last August in Siskiyou Superior Court on behalf of Georgette Kirby of Tukelake, a 74-year old widow who owns 80 acres homesteaded by her father, and neighboring farmers.

    "Based on the needs of endangered suckers and threatened coho salmon, the U.S. Bureau of Reclamation last year sharply reduced irrigation deliveries to the half of the Klamath Basin farmers who reply on the Klamath Reclamation Project for water.

    "Attorney Robet Hannon of Walnut Creek, who grew up in Tulelake, claimed environmental groups persuaded the federal government to cut back irrigation water becaue they wanted to drive down the price of farmland and buy it cheap for conversion to publicly owned open spaces.

    "Hannon said he withdrew the lawsuit because it would cost hundreds of thousands of dollars to gather the evidence required, and a separate lawsuit filed by irrigators against the federal government would accomplish the same end.

    "The lawsuit had sought unspecified damaged against the Sierra Club, Klamath Forest Alliance, Pacific Coast Federation of Fisherman's Associations, the Golden Gate Audubon Society and the Institute for Fisheries Resources."

                                                            ~ ~ ~ ~ ~

This outcome was predictable. The govmint and all these greenie groups have incredible financial resources. We, the average, unwashed masses out there, have nothing. People should wonder where these greenie groups get so much money....how much from the govmint in tax exempt status and/or grants? It is an unholy alliance that must make our Founding Fathers spin in their graves.

First, a sucker fish has no needs. Second, the coho weren't endangered. I have already covered our interest in representing commercial fishing families against the UN and it's insidious treaties, so I won't go there again right now.

Second, the courts do not care about science. They only care about their continued judicial career on the bench. State or federal, it doesn't matter. These arguments have been tried and lost, over and over.

Third, the federal courts are corrupt. The federal courts are corrupt. Every once in a while a decision will come out of a federal court that actually adheres to the U.S. Constitution and miracles of miracles, the robes who sit unlawfully on the U.S. Supreme Court, will actually back it up.

You can go after your state court judges. If you want to get involved in this, please go to:

www.jail4judges.org

or, go after them on recall if your state constitution allows it (most do):

http://www.devvy.com/recall.html#recall

Recall is instant. If enough signatures are collected, that judge, sheriff, member of your state legislator, the governor - gone, out of office and then a special election is held. It's heap and by golly, it works big time.

Fourth. People have been sending me a ton of e-mail about going after this issue in federal court on Art. 1, Sec.8 of the U.S. Constitution. The California and Oregon legislatures never sold the Klamath Basin land to the feds, so, yes, the govmint has no legal ground to stand on if you look strictly at Art. 1, Sec. 8., Clause 17.  However, the federal courts are corrupt and they don't care about this fine little legal point.

Could we go to court on this? Yes, if The Wallace Institute had a million bucks. But, remember: we would most likely end up drawing the same federal judge up in Oregon that already ruled against the farmers twice. Would she be open to arguing Art. 1, Sec. 8 of, Clause 17 of  the U.S. Constitution? Not hardly.

Is there a solution for rotten judges like her? Absolutely. Congress can boot them off the bench. Will they? Not this Congress and not the next one "elected" in 2002. It will be the same Congress except for maybe a half dozen seats. 96% of all incumbents get "reelected." Vote fraud insures the corrupt, the greedy and the stupid stay in office.

As I have hammered on above, the key and central issue in this travesty is:

Who owns the headgates and did any govmint agency trespass? Remember, BOR (Bureau of Reclamation) went to K.I.D. (Klamath Irrigation District) to request permission to go onto the headgates and shut off the water. K.I.D. refused and so the govmint, on behalf of these environmental extremists, then went to the federal court.

Now, if the feds, whether it be BOR, Department of Interior or the U.S. Fish & Wildlife Service owned the land, thereby giving them jurisdiction, why did BOR first go to K.I.D. to request permission to go to the headgates and turn off the water?

The answer is this: These farmers have the documents to show they paid for the water and the headgates which are being maintained by K.I.D. Now the govmint has erected a permanent cage around the headgates to make sure the farmers get starved out. Trespassing and stealing of water rights.

There is also the underlying agenda regarding the future use of the land. Larry and I visited the wildlife info center run by the U.S. Fish & Wildlife Service outside Tulelake. We gathered some amazing brochures. There is no question that in the future, the govmint intends on choking off all the farmers and turning that entire region into a bathrub for birds.

So, you see, our intention to represent a couple of individuals up there with legal standing, we feel is the only way to get the feds permanently out of there. As I said in the piece on top, the environmental crazies, backed by the govmint have now moved over to Oklahoma. Then it will be Washington State, then Mississippi, then Georgia, then Hawaii, then Florida. You get the picture.

The case above which has been dropped was killed by the "frivolous" lawsuit malarkey. This is just another tool the U.S. Congress and state legislatures have enacted to deprive Americans of due process under the law. It is repulsive what is being done to Americans all across this land.

Over the past ten years my husband and I have dropped more than eighty grand on this movement. We could have bought a couple more Jeeps, gone on real nice vacations (which we haven't done since 1991) or bought a boat so I could go fishing. Instead, we fully understand the bigger picture and have been doing what has to be done. I never ask people to do what I'm not willing to do myself, but I simply don't have the financial resources to fund all these lawsuits.

Please help us raise the necessary funds to take this to court and see it through to the end. The federal courts can rule in favor on the greenies on constitutional issues because they don't care about the constituiton and Congress won't stop them. However, proving ownership and jurisdiction is something that can be seen in plain black and white by documents.

Thank you.


TOPICS: Activism/Chapters; News/Current Events
KEYWORDS: klamathbasincrisis; klamathlist
Navigation: use the links below to view more comments.
first 1-2021-33 next last

1 posted on 01/20/2002 11:14:44 AM PST by Constitution Scholar
[ Post Reply | Private Reply | View Replies]

To: Constitution Scholar
An interesting view of the protest signs at Klamath Falls.

KLAMATH BASIN

2 posted on 01/20/2002 11:29:41 AM PST by stlrocket
[ Post Reply | Private Reply | To 1 | View Replies]

To: Editor-surveyor;farmfriend;SierraWasp
FYI
3 posted on 01/20/2002 12:23:40 PM PST by Libertarianize the GOP
[ Post Reply | Private Reply | To 1 | View Replies]

To: Constitution Scholar
It is unfortunate, but the truth is, the Feds have every right to do this because the American people, their property, their labor, their money, their children, their farms, the vehicles, etc. were pledged as collateral on the national debt back in 1933 with the Bankruptcy Act of 1933.

And before anyone goes to screaming the tinfoil hat crap, so do some research. You can start with these two speeches on the floor of the House by Congressman Louis T. McFadden back in 1934 and more recently Congressman Jim Trafficant in 1993. There is plenty of evidence of this if one cares to do the research.

I don't know how to link, so you will have to cut and paste these.

http://www9.pair.com/xpoez/money/mcfadden.html

http://www.afn.org/~govern/bankruptcy.html

http://iresist.com/cbg/why.html

This last link has some information that EVERY American should know and it has plenty of documentation to back it up.

Read it and weep because this is where we are and why these things are happening. Once we understand the why, maybe we can find a solution.

4 posted on 01/20/2002 12:25:06 PM PST by TexanaRED
[ Post Reply | Private Reply | To 1 | View Replies]

To: *KlamathBasinCrisis;*Klamath_list
Bump List
5 posted on 01/20/2002 12:26:06 PM PST by Libertarianize the GOP
[ Post Reply | Private Reply | To 3 | View Replies]

To: Constitution Scholar
BTTT
6 posted on 01/20/2002 12:32:44 PM PST by firewalk
[ Post Reply | Private Reply | To 1 | View Replies]

To: Constitution Scholar
You say that Pacific Legal Foundation's legal bid to get the salmon in the Klamath Basin delisted won't work. Maybe yes, maybe no - - - - but apparently you don't know that PLF ALREADY SUCCEEDED IN GETTING A FEDERAL JUDGE TO DELIST A COHO IN OREGON. See the following from Greenwire:

On Sept. 10, Federal Judge Michael Hogan of the Ninth Circuit ...removed [Oregon]coho's ESA protections and instructed NMFS to include hatchery-bred fish in future population counts. Environmentalists fear that adding millions of hatchery fish to tiny wild populations could lead to the wild coho permanently losing its ESA listing.

"Even where salmon are still threatened, the use of hatchery salmon will speed up the restoration of the species," said Russell Brooks, an attorney with the Pacific Legal Foundation. Property rights groups in the Northwest -- who have used Hogan's ruling as a precedent in legal challenges against other salmon ESA listings -- are pleased with NMFS' decision. PLF's Russell Brooks, said he was preparing to file a lawsuit to delist a coho population in northern California, and applauded NMFS' decision not to appeal. "[NMFS] won't need as many salmon listings as they have," said Brooks. ------------------------------------------------- Now it's true that the Ninth Circuit has stayed Judge Hogan's ruling while it's on appeal - but it's wrong to say, as you apparently said, that PLF hasn't had any victories in getting salmon delisted. IN fact, they have a powerful precedent in Judge Hogan's ruling - the same arguments apply to the salmon in the Klamath region.

7 posted on 01/20/2002 12:50:10 PM PST by churchillbuff
[ Post Reply | Private Reply | To 1 | View Replies]

To: Constitution Scholar
bump
8 posted on 01/20/2002 1:01:09 PM PST by Fish out of Water
[ Post Reply | Private Reply | To 1 | View Replies]

To: marsh2; dixiechick2000; Helen; Mama_Bear; poet; Grampa Dave; doug from upland; WolfsView...
Pinging the Klamath list. Freepmail me if you wish to be added or removed from this list.
9 posted on 01/20/2002 1:03:36 PM PST by farmfriend
[ Post Reply | Private Reply | To 7 | View Replies]

To: churchillbuff
Bookmark for later read and action.
10 posted on 01/20/2002 1:14:47 PM PST by meenie
[ Post Reply | Private Reply | To 7 | View Replies]

To: Jeff Head
Bump to you, amigo.
11 posted on 01/20/2002 1:19:59 PM PST by John R. (Bob) Locke
[ Post Reply | Private Reply | To 1 | View Replies]

Comment #12 Removed by Moderator

Comment #13 Removed by Moderator

To: Constitution Scholar,All
Klamath Falls Research Thread 1

Klamath Falls Research Thread 2

Klamath Falls Research Thread 3

Klamath Falls Research Thread 4


14 posted on 01/20/2002 2:41:51 PM PST by 68-69TonkinGulfYachtClub
[ Post Reply | Private Reply | To 1 | View Replies]

To: TexanaRED
May I lend a hand?

-http://www9.pair.com/xpoez/money/mcfadden.html--

-http://www.afn.org/~govern/bankruptcy.html--

-http://iresist.com/cbg/why.html--

15 posted on 01/20/2002 2:57:14 PM PST by backhoe
[ Post Reply | Private Reply | To 4 | View Replies]

To: D Joyce
your tin-foil hat is to tight or leaking.

LOL! I know what you mean. That's why I very rarely post anything about it here on FR. It's much easier for folks to call names and make snide remarks than it is for them to do the necessary research and document these things. It's all there and with the advent of the Net, pretty easy to find. But, it's just oh so easy to bitch, moan and groan on FR and be willfully ignorant than do the research and learn something. Folks talk about liberty and freedom, but there are few that are willing to stick their necks out and take up the sword. By "taking up the sword" I do not mean literally, but digging, researching, learning what the law says and how to use their own dang laws against them. People talk the talk, but not many are willing to risk walking the walk.

Going to put on my flame resistant suit now. LOL!

16 posted on 01/20/2002 3:03:45 PM PST by TexanaRED
[ Post Reply | Private Reply | To 13 | View Replies]

To: farmfriend
Thanks for ping...

BUMP!!!

17 posted on 01/20/2002 3:06:42 PM PST by TaRaRaBoomDeAyGoreLostToday!
[ Post Reply | Private Reply | To 9 | View Replies]

To: backhoe
Thanks, backhoe! You are definitely a "thumbs up" dude!
18 posted on 01/20/2002 3:08:50 PM PST by TexanaRED
[ Post Reply | Private Reply | To 15 | View Replies]

To: TexanaRED
Appreciate the kind words- I try to help out when I can... I happened to have the string of linking code handy on another file- that "Dark Underbelly" series I keep updated- so it was easy to do.
19 posted on 01/20/2002 3:12:57 PM PST by backhoe
[ Post Reply | Private Reply | To 18 | View Replies]

Comment #20 Removed by Moderator


Navigation: use the links below to view more comments.
first 1-2021-33 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson