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******************SPECIAL NOTICE*********************

Following is a communication I just sent into NorCal responding to a large body of parties that explains what we are doing.

On your question, we are expecting JoCo Sheriff Gilbertson, former JoCo Commissioner Cassanelli and possibly talk radio host Bill Meyer (KMED) to attend on Sunday.

I'm sure that the FBI knows what we are doing, as FBI Info Systems was on our site following this story (USFS probably whined to them, but we do have at least one miner with a contact at Portland FBI who is abreast of the situation in SW Oregon, so they may be on our side). No clue on the Oregon AG, but surely he knows what's going on.

Obviously, we appreciate all the help that we can get.

Even if USFS don't show up, I think that a lot of networking can get done by people showing up. Regardless of how Dave's situation turns out, I believe that this is "the start of something".



We would of course, welcome help from miners in NorCal. Keep in mind, that this is not really about one miner on one little creek in one Oregon county. This fight is your fight too.

The plan at this stage:

Gather at Applegate Store in Applegate, Jackson County. Sunday 9 AM. We will have at least one miner dressed in bright yellow at Applegate to lead others into Sturgis.

Approx. 9:30 AM, whomever is gathered at Applegate will be led up Thompson Creek Rd to the Sturgis Fork of Carberry Creek (1/2 mile from the old mining camp of SteamBoat). We will leave a miner at Applegate for awhile in case there are any stragglers.

If Sturgis is snowed over, we will arrange for a crew cab 4WD to transport people in. Dress warm, as Sturgis is at 2700 feet and can be chilly this time of the year. We will have warming fire, coffee and hotdogs at Dave's claim to help beat the cold.

So long as people respect Dave's wishes (no firearms, etc.) and USFS does not agress, there will be no safety issues. Bring your video cameras.

We'll see if USFS has a spine and shows up. They are supposed to and we've actually spread the message that if they are coming for Dave, they should show some courage and come openly on Sunday opposed to coming in quietly and secretly at some other time. If they do slink in like cowards, we'll know, have it documented and we will make that footage public. No matter when it is, it will be documented on film. They can count on that, so they may as well come in the light of day and in front of the whole world. Provided they are not agressive, violent or acting outside the law, they have NOTHING to fear. (People are free to pass that on to USFS)

On an interesting sidenote, we found out Friday morning that the Sec. of Interior, the Under Sec. of USDA and others connected to the agencies are slinking into the valley and have a little meeting planned at Medford BLM on Tuesday night. I for one suspect that Dave's situation is intended as a "show" to Salazar, Blazer and others that the local branches of the agencies "have it covered" here in the land of authority-questioners.


Kerby Jackson
Chairman - Jefferson Mining District

So what happened? Anyone know?



No worries. You have to deal with the needs of your own first.

As for today's "event", Hal did try to call out to us while he was on the air earlier, but could not get through to anyone's cell phone.

As for the situation in general: We got about 30 to 35 miners and non-miners together at Dave's. The day started out cold, but finally the clouds burned off and it was a nice sunny day. We had a nice bonfire, coffee and fire roasted hotdogs. Jim Nolan, who has been active against the Siskiyou Crest Monument brought his guitar out and played some old fashioned tunes. I had some pretty productive conversations with Ron Glynn about what comes next about our mutual issues. All in all, even though the seriousness of what we were doing was not forgotten (afterall, we were there taking on the federal government), we had a really nice enjoyable day at Dave's and I have a firm and absolute belief that it is the start of something very important.

We've got lots of video and will have something online later (not tonight).

Even though we threw the gauntlet down, USFS were a no show.

Interestingly enough, my wife and mother were running up and down Highway 238 throughout the day and they
confirmed that USFS law enforcement WAS on duty and WERE in the Applegate all day long. Needless to say, while I'm sure that USFS will publicly claim they were "just off duty", in reality, I believe that it was a bit of a backdown on their part.

Obviously, it's not a "win" since they could still go into Sturgis after the fact, but I believe that a small victory was won.

In the meantime, even though the event is over, I still have people out there for Dave. One of our miners is staying at Sturgis overnight and will be relieved by two more miners later in the day. I'm not sure how long we can keep the watch up, but we'll do it as long as we can.



Thanks for the update.  God only knows how much I wanted to be there... not just for Dave, but for every miner.

I have to admit I was upset to learn, that once again, an AG is MIA when it comes to their duty and oath.  This inaction by our county, state and federal court system must not go unchallenged or set aside as somehow, "par for the course".  For those elected officials such as congressmen, governors, judges, DA's and law enforcement, they must be made to understand, that the Constitution, laws , Oaths and their personal decisions to uphold the laws unequally, unfairly or with bias, or that any person within this country is above the law, shall not stand... can not stand.

We've seen over the last 40 years, a complete and full blown capitulation to the level of total incompetence, seen in no greater detail or record, than in our systems of justice and government.  Failure to correct these unconstitutional acts by "We the People", as entrusted to each person by our Founders, will only lead to greater travesties not only against this nation, but every person within this nation.  We've seen all of this before. Government and the judicial system will stray until they are heeled by the choke chain of the American people.

Yes, we've seen all of this before and we've also been witness to what can happen.  In 1934 through 1945 the German people watched silently, as their government and judicial system transformed themselves into a completely incomprehensible nightmare.  While we Americans now sit silently, do we not see the same thing happening to our government and judicial systems?  

In the aftermath of the Nuremberg judicial trails in 1948, a very astute finding was made, as it pertained to the totality of those judges which had faced trial. I quote, "They came to see themselves as fighters on the internal battlefront, with the responsibility to punish "the enemy within." Do you not see the same problems today in this country?  Like in Germany, today in America, the elite and protected classes face no responsibility for acts, which all others are prosecuted for.

Richard A. Posner, federal court of appeals judge and one of the most astute observers of the legal scene, noted that it is not only German judges that might over-identify with popular causes.  In The New Republic, Posner wrote:

"Perhaps in the fullness of time the growing of marijuana plants, the "manipulation" of financial markets, the bribery of foreign government officials, the facilitating of the suicide by the terminally ill, and the violation of arcane regulations governing the financing of political campaigns will come to be no more appropriate objects of criminal punishment  than "dishonoring the race."  Perhaps not; but [the story of the German judges] can in any event help us to see that judges should not be eager enlisters in popular movements of the day, or allow themselves to become so immersed in a professional culture that they are oblivious to the human consequences of their decisions."

Is this not applicable to what we also see today?  

We do not have to follow the same road as Germans did, for we still, at least for a while, have a clear choice before us.  But that those choices demand that "We the People" become reengaged, reinvigorated and draw a clear line, where no government or judicial employee may infringe, without an absolute and prolonged fight, even unto death.

Let us be clear.  The final arbiter of law shall always be the "People" and the 'Constitution of the United States", not the President, not Congress, the Supreme Court the Governor nor the Legislature.  Let us NEVER forget that in this country, our Founders put full faith and their individual wisdom into forming a nation of basic laws and responsibilities as found within the United States Constitution and Bill of Rights, all to be kept in check by the "People", not any other group or institution.

So what would be the first step in taking our country back?  

As with almost all things, it must start at the local level with a plan of action.

Returning to the issues involved with miner Dave, that plan of action would be to force compliance under the law and oath, equally to the Josephine County District Attorney, as well as to any miner or other person.

My suggestion would be to seek from the Sheriff, any correspondence he might have from the DA, that the DA "refuses to bring charges against a federal employee".  If the Sheriff doesn't presently have such a letter, then demand he seek one.  Otherwise, the Sheriff must also be looked at as part of the problem to be solved.

If such correspondence is available, based on that document and the obvious breach of Oath, a "48 Hour Demand For Immediate Resignation" letter should be sent and or hand delivered to the DA Stephen D. Campbell, personally.

Should Mr. Campbell not seek an early out (which of course he will not be bright enough to do), an immediate recall of Mr. Campbell should be started and formal ethics and criminal charges should be brought.  The framework argument for recall would be surprisingly simple and devastating to Mr. Campbell.

If all else fails, the "People" have yet another asset that can be employed.  The Constitution provides the people with the "right" to create a "Special (the "People's) Grand Jury".  Any United States citizen can qualify as a Grand Jury member and the charges against a defendant may be brought to the seated Grand Jury by and on behalf of any other American citizen or group of citizens.  Should the Grand Jury return a "True Bill", the courts are therein forced to hear the case at trial.

I would strongly urge the same actions against the Secretary of the Interior, the local Forrest Ranger and any and all rogue US Forrest Service employees.

To take our country back, we only need but a few "examples" of what can / will happen(s) when government employees tread on the American people.

For those local citizens that can see no wrong doing by the DA or the US Forrest Service, just agree with them and then advise them to "get off your property because In my (your opinion, you have no right to occupy it".  

But then, what do I know?


Hi Den,

You might want to get copies of those "officials" oaths.

I think you will be surprised how often those oaths are not taken or filed.
When the AG or Judge is without oath their office is vacant by law and they are without bond. Each act they perform without oath is only the color of law and their actions become the actions of a single man without bond - fully subject to suit both criminal and civil.

Putting these individuals on judicial notice of their oaths, or lack of oath, can have a remarkable effect. Turning the tables so to speak.

In the State of California the public oath has been declared invalid by the Supreme Court. Unless and until the California Constitution is amended their are no effective oaths. Most officers of the State have never taken the oath. Color of law is the only "authority" in that State.

Read an interesting take on the lack of oaths HERE


Thanks Woof!

Of course the issue of an 'Oath' is just one of many issues to be raised, but the point is, that these slimebags do their work in glass houses and they can and will be held accountable.

This really sucks...

7 Keep in mind that in the State of California the State Constitution is the supreme law of the land giving way only to the United States’ Constitution in some instances.  And even then, in other instances in state matters, the California State Constitution can trump the United States’ Constitution.  

What is important is that the State Constitution is the basis for all other law made in California.  Thus, it would be absurd to assume a state constitutional provision could be held unconstitutional by a court which the constitution itself created and conveyed authority upon.

Hefty;  yes, but it's done all the time.

Any news on Miner Dave?
Last I heard, he was sentenced to a county jail for occupation of public lands.  I still can't believe a man's freedom was taken away for something so innocuous.  Why did the mining laws not afford him protection on his claim?

And video of the even would be nice to see Forum Index -> COURTS & CASE LAW
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