Miners sue state of Oregon over dredging ban aimed to protect salmon

It is about time miners were given a fair hearing. Most small scale miners are also fisherman and we enjoy the beauty of nature around us. We probably take more care of the rivers than many other users. Using political red tape to prolong a ban seems highly unreasonable. Good luck to the miners I hope they succeed !

toxic metal continue to find it’s way in the water we drink, be it man or nature, lead a man made product, mercury is natural, a nature made product
gold finds it’s way into the river every winter with runoff from hillsides, also a natural nature made product
mercury and lead is efficiently removed from the environment with dredging
ban dredging will not solve the problem of fish decline, dredging has a season in many rivers and those that know dredging don’t kill fish it is quite the opposite it excites the fry to feed on the goodies floating around
if the argument is that dredging kills fish, would it not make sense to ban all forms of actives that cause harm to fish?

“All government offices are empty”?

Title 8 USC 1481 stated once an oath of office is taken citizenship is relinquished, thus you become a foreign entity, agency, or state. That means every public office is a foreign state, including all political subdivisions. (i.e. every single court and that courts personnel is considered a separate foreign entity)

The Foreign Agents Registration Act (FARA) was enacted in 1938. FARA is a disclosure statute that requires persons acting as agents of foreign principals in a political or quasi-political capacity to make periodic public disclosure of their relationship with the foreign principal, as well as activities, receipts and disbursements in support of those activities. Disclosure of the required information facilitates evaluation by the government and the American people of the statements and activities of such persons in light of their function as foreign agents. The FARA Registration Unit of the Counterintelligence and Export Control Section (CES) in the National Security Division (NSD) is responsible for the administration and enforcement of the Act. http://www.fara.gov/

ORS 180.220 Powers and duties. (1) The Department of Justice shall have:

(a) General control and supervision of all civil actions and legal proceedings in which the State of Oregon may be a party or may be interested.

(b) Full charge and control of all the legal business of all departments, commissions and bureaus of the state, or of any office thereof, which requires the services of an attorney or counsel in order to protect the interests of the state.

(2) No state officer, board, commission, or the head of a department or institution of the state shall employ or be represented by any other counsel or attorney at law.

(3) This section is subject to ORS 825.508. [Amended by 1967 c.178 §3]

SOVEREIGNTY RULINGS & DEFENITIONS
1. As a natural right, men may do anything their inclinations may suggest if it be not evil in its self, and in no way impairs the rights of others. In Re Newman 9 C, 502 ( 1858)
2. The judicial power is the power to hear those matters that affect the life, liberty, or property of a citizen of the state. Sapulpa v Land 101 Okla. 22, 223 Pac. 640, 35 A.L.R. 872
3. The common law right of the jury to determine the law, as well as the facts remains unimpaired. State v Croteau 23 Vt. 14, 54 AM DEC 90 (1849)
4. The very meaning of sovereignty is that the decree of the sovereign makes law. American Banana Co. v United Fruit Co. 29 S. Ct. 511, 513 213 U.S. 347 53 L.Ed 826, 19 Ann. Cas. 1047.
5. Sovereign = A chief ruler with supreme power; a king or other ruler with limited power, an action against a foreign sovereign is not maintainable 44 L. Rep. N.S. 199.
6. The people of the state are entitled to all rights which formerly belong to the king, by his prerogatives. Lansing v Smith 4 Wendell 9,20 (N.Y.) (1829)

7 It will be admitted on all hands that with the exceptions of the powers granted through the constitution to the states and Federal Government the people of the several states are unconditionally sovereign within their respective states Ohio L. Inns & T. Co. v Debolt 16 How. 416, 14 L.Ed. 997.

8 A sovereign is exempt from suit, not because of any formal conception or obsolete theory, but on the logical and practical ground that there can be no legal right as against the authority that makes the law on which the right depends. Kawananakoa v Polyblank 205 U.S. 349, 353 27 S. Ct. 526, 527, 51 L. Ed. 834 (1907)

9 It is a general rule that the sovereign cannot be sued in his own court without consent and hence no direct judgment can be rendered against him therein for cost, except in the manner and on the condition he has proscribed. 40 La. Ann. 856,” Bouvier’s Law Dictionary Vol. 1(1897)
10 No action can be taken against the sovereign in non-constitutional courts of either the United States or the state courts & any such action is considered the crime of barratry. (Barratry is an offense at common law)
State v Batson 17 S.E. 2d 511, 512, 513

11 COURT = The person and the suit of the sovereign the place where the sovereign sojourns with his regal retinue, where ever that may be Black’s law dictionary 5th edition page 318

12 A court of general jurisdiction is presumed to be acting within its jurisdiction till the contrary is shown
Brown jur section 202 Wright v Douglas 10 Barb (N.Y.) 97; Town of Huntington Hall v Town of Charlotte 15 Vt. 46.

13 Sovereignty its self is of course not subject to law, for it is the author and source of law, but in our system, while sovereign authority is delegated to agencies of Government, sovereignty itself remains with the people by whom and for whom all Government exist and acts.
Yick Wo v Hopkins 118 U.S. 356, at pg 370

14 Every citizen & freeman is endowed with certain rights & privileges which no written law or statute is required. These are the fundamental or natural rights among all free people. U.S. v Morris 125 F 322 325

15 An indictment is required in any case where a person is being charged with an infamous crime. Any crime for which the punishment is imprisonment is an infamous crime. Supreme Court Makin v United states 117 U.S. 348

18 U.S. Code § 2381 – defines Treason as – “Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason…” and the law states that those convicted of treason – “shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.”

Prigg v. Pennsylvania: When the Supreme Court Supported James Madison’s Advice to Stop Federal Power
https://www.youtube.com/watch?v=xcIlAwkcTv0&feature=youtu.be

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