Skip to comments.Klamath Basin Document (KBD)
Posted on 04/17/2002 9:25:22 PM PDT by forest
This is the document all politicians must read
Klamath Basin Crisis
Laws To Be Enforced
Documentation - Most of the documentation has been added using hot links for your convenience.
Notes on variations
Magna Carta, American Style, Introduction [Also see Law Is In My Mouth]
Magna Carta, American Style (Judge Aiken and Judge Armstrong)
Magna Carta, American Style (President Bush)
CCW (Concealed Weapons Carry) Permit - the necessary format
CCDog - the necessary format
Limited Federal Government - the thesis written to help the farmers
Constitution Trumps Treaties - No treaty can alter or supersede the Constitution
Grace Commission Report. A copy of the original letter -- 600 pages are on file. Exposes IRS fraud.
Protecting Our Property Rights - A monumental essay on limiting federal government
Court Cooks Glancing Goose - Supreme Court limits federal government and Corps of Engineers control
Klamath Basin Crisis
The Misprision of Felony law dictates that I must must report this gross violation of the Supreme Law of our land. I sincerely hope that this same law will warrant action in your high office regarding this most serious crime threatening our Constitutional Republic.
Early in April, 2001, the federal government closed the Headgates that provided water to 1500 farms in the Klamath Basin in southern Oregon and northern California. The reasons given concerned the protection of endangered species. The forces behind the closing were the ecologists, and, though not publicized, the electric power companies. A third force can easily be shown to be the federal government in its ongoing move toward people control, in this case by the control of water and food production. 1500 farming families were put in jeopardy. 1200 of them soon faced destitution, but few in power in the federal government seemed to care. [Also see $333,000 OutHouse, CO2 Made Earth Greener, Environmentalists Are Rich, Create Shortage, Environmentalists Cause Oil Price Ripoff, EPA Pollutes Potable Drinking Water with MTBE, Planes Pollute ]
The hostility of the action will be realized when one learns that the ecological arguments were fictitious. The endangered sucker fish are a trash fish and were and are not in danger. The coho salmon runs were and are alive and well. But the farmers are now endangered and facing bankruptcy. [See LtdFedGov, Rural Cleansing and Lawsuits Filed To Halt Government Killing of Coho Salmon.]
It is probably true that the Indians did not claim that the trash sucker fish was religious until about 1986. (So said an old timer in K Falls. Indians ate trout and salmon, not trash suckers.) Obviously, that is not an ancient tribal rite, but the result of a ploy by the environmentalists to cause more trouble for the farmers. Regardless, the Indians have no voice here.
To add to the stench of the stew, consider the unconstitutional ingredients in the pot. The federal government is limited in land control to the Capitol, post offices and post roads, forts and docks, etc., period. No treaty can supersede that constitutional limitation. No treaty on migratory birds can overrule constitutional authorization, and hence, limitation regarding land control. No where in the Constitution do I find authorization for the land control mechanisms such as the BoR, BLM, EPA, ESA, national wildlife refuges, national wetlands, national grasslands, Forest Service, national monuments, NPS, national parks, Antiquities Act, FLPMA, etc., etc. Yet these agencies, laws and regulations have thrown 1500 families out of their livelihood. Worse, the same pattern is being followed along the Platte River in Nebraska, in the Southwest with grazing, and probably elsewhere. To me, this is dictatorship. This is the loss of our Constitutional Republic. [Also see Legacy of Fire and Rout the Land Regulators ]
The farmers showed their objection by setting up a camp at the Headgates [see picture], attracting national attention. Twice the farmers opened the gates. When federal agents closed the gates for the last time, five armed agents stood in front in ready to draw stance. That was an in-your-face statement aimed at the farmers. That was an unconstitutional armed assault by unconstitutional agents unconstitutionally occupying private land. Again, that was tantamount to a police state.
The farmers have the right to be let alone.
Years ago I wrote that we had lost our court system. It is no longer available to the masses. Expense and time generated by ridiculous laws and rules of procedure move the court system out of the reach of those who need it most. In addition, far too many judges have forgotten the Constitution, a grave omission tantamount to treason. It seems that our schools of law no longer teach constitutional law, a sad condition for the legal profession and our people.
The Federalist Papers state that laws must be simple. Therefore, court rules must be simple.
Three cardinal points dominate this case:
1. The Constitution of the United States limits federal government control and use of land. To consider other arguments is to violate the Constitution.
2. Treaties are inferior to the Constitution of the United States and have no standing here. No wildlife, no bird, animal, insect, fish or plant can cause government to steal a farmer's land and rights.
3. People have the right to be let alone.
In an effort to help the farmers, I wrote a well documented thesis, but a knowledgeable friend told me that I will be jailed for Obstruction of Justice if I insist on the Supreme Law of the Land in the district federal court that is ruling this case. This action, if it happens, will be tantamount to treason. It will be a page out of Hitler History. But I feel powerless to fight it.
The federal government, meaning our elected and appointed public servants running our federal government for us, has become a bureaucratic monster reminiscent of Adolph Hitler. To the President and Congress, the Constitution has become a nuisance. Abusing treaty power, the President and Congress make end runs around the Constitution, a most un-American act. [Also see Socialism, Hitler History ]
Thre Magna Cartas, American Style, have been composed: One for President Bush, one for Judge Ann Aiken in the District Federal Court, Eugene, Oregon, and one for Judge Saundra B. Armstrong in the District Federal Court in Oakland, California. These Magna Cartas must be enforced. In summary they demand:
All federal government agents must be ordered to immediately vacate the subject premises, leaving the Headgates as they found them.
All subject holdings must be deeded to the farmers who hold the deeds and rights to the land and water.
Ten Billion dollars must be electronically transmitted to the farmers from the U.S. Treasury, tax free.
All power companies using water from Upper Klamath Lake must pay the farmers for that water. The farmers must have the final and controlling word for use of water in the Upper Klamath Lake, superseding any other demands for water in the Klamath River.
All federal government agencies, regardless of name, that are not authorized by the Constitution of the United States, and operating in Klamath County, Oregon, and Siskiyou County, California, must be immediately abolished. The land concerned must be deeded, with all rights including water, to the farmers and other citizens, with the remainder going to the state in which it is located. Indians as a group have no say and no claims in this matter, having sold their reservation to the federal government. The only legal federal government agencies that come to mind are the Post Office, Veterans and Social Security until it is repaid. The IRS should certainly be removed.
All federal government employees involved must be put on notice of this order and the appropriate laws must be enforced. These laws include Misprision of Felony, Accessory After the Fact, Color of Law, Rule of Law, Oath of Office, 5 USC 706 and 18 USC 241. Fraudulent Misrepresentation is certainly a factor.
This ruling will set back 100 years the efforts by the controlling elite to destroy our Constitutional Republic.
It must be made known that Supreme Court rulings supersede Presidential Executive Orders and agency rulings. The Constitution limits law making to Congress, period.
The unconstitutional agencies that are controlling the Klamath Basin and that must be ruled unconstitutional and ordered to vacate the premises immediately include, but are not limited to, the BoR, BLM, Forest Service, national forests, NPS, national wildlife refuges, national grasslands, EPA, ESA, OSHA, ad nauseam. If they are not authorized by the Constitution, they must be negated immediately. Treaties can NOT supersede the Constitution. Chemtrail spraying and HAARP rays must cease. It is advisable to remove all UN presence in the Klamath River watershed. The UN is a treaty obviously being used as a power control mechanism in an end run around the Constitution. The hundreds of UN listings in the Klamath River watershed are listed in Limited Federal Government. Also see EPA Pollutes Potable Water.
It must be ruled that the MOU law (Memo of Understanding) be respected, requiring all federal agents to obtain permission from the county sheriff before conducting official business in his county.
Elimination of the EPA and the ESA will remove that demon of government control whereby an agency limits land use because of some obscure bug farmers did not know existed. See $6 Million Dollar Fly, Putrid Bug and Save the Mosquitos.
The federal government must be ordered to enforce existing laws and put offending bureaucrats in prison. They have no excuse. They could have known and should have known. Congress, the Executive Branch and the Courts were notified and put on notice in April of 1998 by CO2. CO6 is in effect in 2002.
The Klamath Basin farmers must be in charge of the Ten billion dollars, with protection by Klamath County Sheriff Tim Evinger. The state line must not cause any problems with the distribution of the ten billion dollars, with no strings attached.
The IRS must be ruled unconstitutional for farmers. They pay more tax than farmers in any other industrialized country. [See Tobin Tax]
[High farmer's taxes: Dick Armey, Congress, 9-5-01, Economy Needs a Capital Gains Tax Cut, Our capital gains tax rates are among the highest in industrialized countries, putting our companies and workers at a disadvantage. On average, the capital of U.S. businesses and farmers is taxed 80% higher than foreign competitors.; <http://freedom.gov/library/economics/capgains.asp>]
It would be most wise to eliminate the IRS in Klamath County, Oregon and Siskiyou County, California. The $10 billion demand must be ruled tax free from ALL taxes. That fund is not intended to finance government or politicians at any level. That fund is intended to enable the Klamath Basin farmers to recover from errant government actions, to maintain the the dam at the mouth of the Upper Klamath Lake, and to help the farmers and loggers in Scott Valley. Furthermore, there is no law that requires an American citizen working in America to pay any income tax. And, the IRS has no legal authority to enforce. Yet they continue to purchase munitions a million dollars at a time, sending the people the tax bill. Meanwhile, not one dime of income tax is used to reduce the national debt and to run our government.
So why pay? If excessive and unconstitutional bureaucracy were trimmed, if the federal government would get out of the banks, and if the banks were thrown out of federal government, we would not need income tax. What little money federal government would need could be collected at the border as the Founding Fathers did, America being the largest consumer nation in the world, thanks to WnDC, NAFTA and GATT. See Money Is Unreal: Blowing the Whistle On the Federal Reserve System. The solution is therein. The income tax racket is a weapon of the Creature of Jekyll Island, a tool of the IBLs. Income tax is also a plank of communism. Also see the Communist Goals, which appear to have been attained here in America.
All federal government control and influence of zoning must be negated. Zoning concerns land, and the Constitution limits federal government land control. To give the farmers a fair chance to get their farms back into sensible production, all present zoning, local on up to federal, that hampers farming in the Klamath Basin must be negated.
It must be ruled that people can bear arms and that States can NOT deny. Federal government agents were in-your-face with guns at the Headgates. The federal government started it, the people must finish it. A peaceful settlement by the our leaders in the national capitol would be preferred. I was present when the federal government agents closed the gates for the last time. I watched as five armed agents positioned themselves in front of the gates. They stood erect, guns holstered on their right side. Both hands were placed on the holster in ready-to-draw position. That was an in-your-face stance. That was an armed assault. National media were there recording the event. The reaction by the farmers was of scorn and insult. Perhaps the agents did not realize that there are 1500 farmers. If each farmer has one son, that is 3000 farmers. Those farmers are deer hunters. That means there are 3000 deer rifles with scopes on those farms. Those deer rifles fit the description of sniper rifles. If those agents had fired even one shot, it might well have caused those 3000 farmers to move in on the area, leaving those agents for food for the worthless suckers they are protecting. [See For a More Perfect Police State]
The Federalist Papers state that we are to bear arms to defend life, liberty and property, and to defend against an errant government. That makes that item part of the Constitution. Treaties can not supersede the Constitution. Therefore, no government, from federal government to local, can take that right from the people. The UN Charter, which is a treaty, must remain mute here. Your influence here could be crucial.
But the agents have another factor on their side: Those farmers do not want to wage war. All they want is to be let alone so they can peacefully farm their land. I feel helpless to stop this onslaught of Fascism. But you have power and knowledge to stop the unconstitutional acts of the public servants running our government into the ground of dictatorship.
This is a serious situation.
The farmers must be granted control over all property and rights within KID, including the water in the Upper Klamath Lake, including all rivers, streams and springs that empty into the Lake, and including the electric power line that passes over the Headgates. The Headgates were there long before the power line was constructed, thus giving the farmers priority in rights. The Indians sold their reservation to the federal government, so the Indians have neither voice nor rights in this situation. The large spring that feeds into Upper Klamath Lake from the former reservation belongs to the farmers in the Klamath Basin. That right and ownership is etched in stone and must not be altered by the federal government. (An old timer said the sale of the Indian Reservation was sometime in the 1950s. Most, but not all, of the Indians bought Cadillacs. They ran them until the oil was gone and the engine froze up. Then they would go buy another new Cadillac.)
We can not exist with a nation within a nation. The Indians sold out. They must now be treated as Americans.
The Grand Staircase-Escalante National Monument in Utah must be declared unconstitutional. This will open to California a huge deposit of clean burning coal. By building two coal fired generating plants along the Utah border, California could, in one year, eliminate its power crisis. That would also very neatly negate the complaint from the power companies about losing control over the water in the Klamath River, which is probably the root cause of the Klamath Basin water problem. This coal power source need last only 20 years. By then the hydrogen fuel cells will be in use, eliminating the need for large quantities of fossil fuels.
Clinton created the Staircase Monument in 1996, closing the coal deposits to mining. That move necessitated buying coal from China, a move which undoubtedly put millions of dollars in Clinton's pockets. Yet China has 18 nukes pointed at us, proclaiming loudly that the United States is China's number one enemy. And, Clinton and Loral sold our technology to them to make it possible. [Newsmax - This is a good coal source.] [Much more on Clinton and Loral will be found in the Fiedor Report On the News SubIndex. Run a search for Loral. Also read the Cox Report on Chinagate, which, for some suspicious reason, was not included in the Articles of Impeachment. Could it have been Hillary's 1200 FBI files? ]
Federal control over intrastate power must be declared unconstitutional. That will open all the oil and gas wells in California and eliminate that problem. That will also further negate the complaint from the power companies about losing control over the water in the Klamath River, which is probably the root cause of the Klamath Basin water crisis.
The old timers say that before the dam was constructed at the mouth of the Upper Klamath Lake, the outlet dried up in late summer. No water flowed from the lake. To their knowledge, the lake level has never been that low since the dam was constructed, negating all the groundless arguments voiced by the environmentalists and the power companies.
The Indians, as a group, have no claim to property, rights and/or money in the Klamath Basin Crisis. The Indians sold their reservation to the federal government. Therefore the Indians have no further rights there. The large spring on the former reservation now belongs to the farmers. That spring is a major source of water to the Upper Klamath Lake.
In my research dating back three centuries, I have isolated and publicized the group I consider the underlying control and cause of nearly all major economic problems in the world. They are the owners of the international banks. I have dubbed them the IBLs -- International Banklords. In CO2 distributed to government in 1998, I called them the BBLs for Billionaire Banklords, but that title has given way to Trillionaires. So the more descriptive and stable name of IBLs is used here and in CO6, the updated version of CO2. The IBLs have been identified as the unseen enemy, bringing treason to reason.
Also isolated and identified is the primary control mechanism used by the IBLs: The creation and control of money. With this means they have achieved socioeconomic control of the world today. For complete explanation and discussion, please study my book, Money Is Unreal: Blowing the Whistle On the Federal Reserve System. Take note of my Free Money Corollary. Therein is the very root of the IBLs' control mechanism. Their routine is outlined and explained in Banklords Game Plan. Taking the Space Shuttle and following that itinerary is recommended. Please close out your brainwashed notions of money and open your mind. To comprehend you must open your mind.
Implementing the KBD could set the IBLs back a good 100 years.
I have determined that the IBLs are pre-meditating, cold blooded murderers. They will attempt to remove anyone and anything in their way. For that reason, if you decide to save America as I have requested, you must watch your back and the shadows. You must have trusted armed guards with you and your family at all times.
I request a CCW and a CCDog. Both will be needed by that time. I am an Army Veteran, a retired school teacher, a family man and was a farm boy back in the Great Depression. I grew up with guns. Never was there an accident because we were taught to respect guns for what they were. We needed guns to keep pests away from our chickens and to hunt. I have never been in jail in my life.
My wording for the CCW and a CCDog is necessary to supersede the horrible gun laws in California, which protect everyone but the innocent tax payer. Of course, your influence on the ruling as I have requested on guns will certainly help.
Laws to Enforce
Rule of Law. Stripped of all technicalities, this means that government in all its actions is bound by rules fixed and announced beforehand -- rules which make it possible to foresee with fair certainty how the authority will use its coercive powers in given circumstances and to plan one's individual affairs on the basis of this knowledge.(Hayek, Road to Serfdom, p 80) (State of the Union 1998, Heads Up #76, 78, 98 and 113)
Color of Law refers to using a law illegally. 18 USC 242 deals with deprivation of rights under color of law.(Heads Up #83, 81 and 86 ) See Protecting Our Property Rights for further discussion.
Misprision of Felony law requires citizens to report any felony they know about. (Heads Up #81 and 86) It is assumed that this law is in effect with the readers of this Klamath Basin Document.
Accessory After the Fact refers to anyone helping the law breaker. Violation of this law is made a felony by the Misprision of Felony law. (Heads Up #81 and 86)
Posse Comitatus law states that U.S. military forces may not be used against American civilians. (Heads Up #63 and 110). We watch this one for covert changes by Congress and the President after the Clinton regime.
5 USC 706 encourages citizens to take overbearing federal regulatory agents and bureaucrats to court. See Protecting Our Property Rights for further discussion.
18 USC 241 bars conspiracy against rights. See Protecting Our Property Rights for documentation and further discussion.
Three extremely important Supreme Court cases of significance here are New York, Lopez and Printz.
NEW YORK v. UNITED STATES, 505 <http://laws.findlaw.com/us/505/144.html>
UNITED STATES v. LOPEZ, ___ U.S. ___ (1995) <http://laws.findlaw.com/us/000/u10287.html>
PRINTZ, SHERIFF/CORONER, RAVALLI COUNTY, MONTANA v. UNITED STATES <http://laws.findlaw.com/us/000/95-1478.html> This was formerly the Sheriff Mack case.
List of Limited Government Items . The thesis, Limited Federal Government, is listed there. This is the thesis I wrote to help the farmers in the Klamath Basin. Documentation takes up most of the work. Included are a Table of Contents for the Thesis, a Table of Contents for the Documentation, and a lengthy Index, all hot linked on uhuh. (Please note that I do not pretend to be a great writer. I picked up the pen in desperation.) Many copies of earlier editions were distributed at the Headgates to people from many parts of the United States.
Constitution Trumps Treaties - Treaties can NOT supersede the Constitution. In the arguments here, land control is of paramount importance. Included in Limited Federal Government, this paper offers documentation to support its title. Most of the documentation is from Supreme Court rulings. This paper is vital to the welfare of the farmers in the Klamath Basin as well as the very existence of our Constitutional Republic. I reason that so go the Klamath Basin farmers, so goes America.
Also see the Treaty List.
Grace Commission Report - The formal title is President's Private Sector Survey On Cost Control, or PPSS. Not one dime of income tax goes to reduce the national debt and to run our government. This document is vital to the welfare of the farmers in the Klamath Basin as well as the very existence of our Constitutional Republic. It lays bare one of the Planks of Communism: a destructive progressive tax.
Way back in the Reagan Administration, the commission chaired by Pete Grace found that two-thirds of the income tax is wasted or lost, and that every dime of the remainder goes to private lenders for interest on the exponentially escalating national debt. Not one dime goes to reduce the national debt and to run our government. Therefore, Congress must continually borrow more to pay for its ways to help the people by helping them out of their money. Congress does this by borrowing from the unconstitutional Fed, raising taxes to pay the debt to the owners of the Fed, and raiding the Social Security Fund, which is now missing $4 trillion.
Clinton stole over $10 billion from the Social Security Fund to bomb Kosovo. That could have given the retired people a nice raise. Those people did not pay into Social Security all their lives to enable Clinton to bomb Kosovo, or to raise the national debt by letting Congress cook the books. [Also see Social Security Money Used for Pork Barrel ]
Common sense reveals that the national debt continues to increase, since nothing goes to reduce it and Congress continues to borrow and spend more than they take in. Actually it is not just increasing exponentially; it just happens to be increasing triple exponentially, or more.
Lee Iacocca said the national debt in 1881 was $2 trillion; in 1985, $4 trillion; and expected the deficit to hit $3 trillion by 1988. (Iacocca, Talking Straight, 207) That means interest payments skim 25 cents off the top of every tax dollar. ... I wish I could say there's an end in sight. But if the debt keeps piling up at the same rate that it has since 1980, it's going to hit $13 trillion by the year 2000: That's fourteen times the debt in 1980. ... And yet every month the government is spending $17 billion more than it takes in. (Ibid, 209) Making money on money exceeded wage income by 53 % in the 80s (Galbraith, Culture of Contentment, 92). The federal government was consuming over 50 percent of the nation's credit in the 80s (Iacocca, Autobiography, 340).
PROTECTING OUR PROPERTY RIGHTS (Fiedor Report On the News #243) is a monument to trimming down excessive government. The laws necessary for the public to act are listed here.
COURT COOKS GLANCING GOOSE discusses a recent Supreme Court case that clips the wings on the migratory bird law nonsense. The Army Corps of Engineers is limited.
Supreme Court Quotes (compiled) offers additional, applicable case law.
Notes on Variations
Initially called Klamath Docs for Appeal, this document has been dubbed the Klamath Basin Document (KBD). Initially sent to Chief Justice Rehnquist, it was later sent to the President, Vice President (who is the President of the Senate), President Pro Tempore of the Senate and the Speaker of the House of Representatives. Slight modifications were made to adjust to the recipient. The version sent to Justice Rehnquist is filed as kbdsup - klamath basin document supreme court. Others are kbdpre for President, kbdvic forVice President, kbdsen for Senate, and kbdhou for House. This copy, kbd, is meant to be sent to any Congress Person.
The KBD and the KBD Letter will be perfected continually. The hard copy and the Internet copy will be kept identical. All other copies should be checked with these updated copies. See date at end.
Perhaps the best analogies are Robin Hood and Good King Wenceslas.
When the good King Richard returned from the Crusades to England, he donned common cloth and went among the people to observe their plight. <http://www.geocities.com/puckrobin/rh/robbeg5.html>
The good king personally took food and fuel to a poor man.
To me it represents the people in his kingdom.
all the while taxing them to handcuffs and poverty to pay for it.
Forest Glen Durland
Saratoga, CA 1-15-02
2.Absolutely no remuneration of any kind may be accepted whatsoever.
3.Must credit the source: <http://www.uhuh.com> by Forest Glen Durland.
4.Must show Copyright 2002 by Forest Glen Durland.
5.Must include this weasel paragraph.
6.Don't mess up my freeby, fella.
kbd.htm. Updated 4-17-02
Go to Klamath Solution posted on FreeRepublic
Go to U-Write KBD posted on FreeRepublic
This is one of the much superior websites that indexes our governments past actions and give solutions to the many illegal actions. I am extremely curious as to your opinion whether or not his solutions will save America.
All underlined text is a link to another area for further research and discussion. Please save and make a shortcut to his website, select what areas you feel that you are strongly qualified to critique and then please give your full unrestrained opinions to the members of FR.com. We need to formulate a serious plan of action so we stay at the vote box rather than progress to the ammo box.
Thank you, B4Ranch
ps. There is an excellent discussion regarding The Grace Report (PPSS) to be found in his website. This has been one of my favorite subjects for years. If you ever get a chance be sure to question your Rep about his/her knowledge of it. You'll be disappointed for sure.
pps. I just got off the phone with Mr. Durland. He is a well informed elderly gentleman (73) who is concerned about the future for his children and grandchildren just as we are.
He can be contacted at Voice: (408) 867-4410; Fax: (408)868-9446; His email address is email@example.com
My new email address is .