Appendix III. Supporting Documents
8th Edition
May 20, 2003
Contents
Price of Free Corn - The Wild and Free Pigs of the Okefenokee Swamp.
Federal Jurisdiction - brief by Attorney Lowell Becraft
Protecting Our Property Rights - Monumental essay by Doug Fiedor
Court Cooks Glancing Goose - Supreme Court limits federal power and Corps of Engineers
EPA Strikes Anew - by Doug Fiedor
U.S. v. Emerson, Making History - landmark case in in support of the 2nd Amendment
Constitution Trumps Treaties - No treaty can alter or supersede the Constitution.
Magna Carta, American Style, Introduction
Magna Carta, American Style (Aiken) - items that must be done to free the farmers.
Magna Carta, American Style (Armstrong) - items that must be done to free farmers.
Magna Carta, American Style (Bush) - items that must be done to free the farmers and the country.
CCW (Concealed Weapon Carry) Permit - the necessary format
CCDog - the neccessary format
Oath and Water Excerpts from Constitutions
Fiedor Report On the News #212 (excerpts) on buying testimony. (18 USC 201).
Rejecting Government Intrusion - no arresting situation, no arrest.
Foreshadowing Real Change - limited federal government, President can not seize, Congress can not change
Right to Be Let Alone at Home - no permission, no entry.
United Nations Sites and Flora and Fauna listed as endangered ES = Endangered Species
- Cal Plants - 179 total
- OR ES List
- OR Animals - 36 total
- OR Plants - 14 total
- WN ES List
- WN Animals - 30 total
- WN Plants - 8 total
- KY ES List
- KY Animals - 42 total
- KY Plants - 9 total
The Wild and Free Pigs of the Okefenokee Swamp
By Steve Washam, based on a telling by George Gordon
[In a realistic style, this story illustrates what the U.S. government and the UN are doing to the people of America and the world. When thinking of Constitutional violations by our politicians, think of this parable. Forest]
Some years ago, about 1900, an old trapper from North Dakota hitched up some horses to his Studebaker wagon, packed a few possessions, especially his traps -- and drove south.
Several weeks later he stopped in a small town just north of the Okefenokee Swamp in Georgia. It was a Saturday morning -- a lazy day -- when he walked into the general store. Sitting around the pot-bellied stove were seven or eight of the town's local citizens.
The traveler spoke, Gentlemen, could you direct me to the Okefenokee Swamp?
Some of the old-timers looked at him like he was crazy. You must be a stranger in these parts, they said.
I am. I'm from North Dakota, said the stranger.
In the Okefenokee Swamp are thousands of wild hogs, one old man explained. A man who goes into the swamp by himself asks to die!
He lifted up his leg. I lost half my leg here, to the pigs of the swamp.
Another old fellow said, Look at the cuts on me; look at my arm bit off!
Those pigs have been free since the Revolution, eating snakes and rooting out roots and fending for themselves for over a hundred years. Theyre wild and they're dangerous. You cant trap them. No man dare go into the swamp by himself.
Every man nodded his head in agreement.
The old trapper said, Thank you so much for the warning. Now could you direct me to the swamp?
They said, Well, yeah, it's due south -- straight down the road. But they begged the stranger not to go, because they knew he'd meet a terrible fate.
He said, Sell me ten sacks of corn, and help me load them into the wagon."
And they did.
Then the old trapper bid them farewell and drove on down the road. The townsfolk thought they'd never see him again. Two weeks later the man came back. He pulled up to the general store, got down off the wagon, walked in and bought ten more sacks of corn. After loading it up he went back down the road toward the swamp.
Two weeks later he returned and, again, bought ten sacks of corn. This went on for a month. And then two months, and three. Every week or two the old trapper would come into town on a Saturday morning, load up ten sacks of corn and drive off south into the swamp.
The stranger soon became a legend in the little village and the subject of much speculation. People wondered what kind of devil had possessed this man, that he could go into the Okefenokee by himself and not be consumed by the wild and free hogs.
One morning the man came into town as usual. Everyone thought he wanted more corn. He got off the wagon and went into the store where the usual group of men were gathered around the stove. He took off his gloves.
Gentlemen, he said, I need to hire about ten or fifteen wagons. I need twenty or thirty men. I have six thousand hogs out in the swamp, penned up, and theyre all hungry. Ive got to get them to market right away.
Youve WHAT in the swamp? asked the storekeeper, incredulously.
I have six thousand hogs penned up. They havent eaten for two or three days, and theyll starve if I don't get back there to feed and take care of them.
One of the old-timers said, You mean you've captured the wild hogs of the Okefenokee?
That's right.
How did you do that? What did you do? the men urged, breathlessly.
One of them exclaimed, But I lost my arm!
I lost my brother! cried another.
I lost my leg to those wild boars! chimed a third.
The trapper said, Well, the first week I went in there they were wild all right. They hid in the undergrowth and wouldn't come out. I dared not get off the wagon. So I spread corn along behind the wagon. Every day I'd spread a sack of corn.
The old pigs would have nothing to do with it. But the younger pigs decided that it was easier to eat free corn than it was to root out roots and catch snakes. So the very young began to eat the corn first.
I did this every day. Pretty soon, even the old pigs decided that it was easier to eat free corn, after all, they were all free; they were not penned up. They could run off in any direction they wanted at any time.
The next thing was to get them used to eating in the same place all the time. So, I selected a clearing, and I started putting the corn in the clearing.
At first they wouldn't come to the clearing. It was too far. It was too open. It was a nuisance to them.
But the very young decided that it was easier to take the corn in the clearing than it was to root out roots and catch their own snakes. And not long thereafter, the older pigs also decided that it was easier to come to the clearing every day.
And so the pigs learned to come to the clearing every day to get their free corn. They could still subsidize their diet with roots and snakes and whatever else they wanted. After all, they were all free. They could run in any direction at any time. There were no bounds upon them.
The next step was to get them used to fence posts. So I put fence posts all the way around the clearing. I put them in the underbrush so that they wouldn't get suspicious or upset, after all, they were just sticks sticking up out of the ground, like the trees and the brush. The corn was there every day. It was easy to walk in between the posts, get the corn, and walk back out.
This went on for a week or two. Shortly they became very used to walking into the clearing, getting the free corn, and walking back out through the fence posts.
The next step was to put one rail down at the bottom. I also left a few openings, so that the older, fatter pigs could walk through the openings and the younger pigs could easily jump over just one rail, after all, it was no real threat to their freedom or independence -- they could always jump over the rail and flee in any direction at any time.
Now I decided that I wouldn't feed them every day. I began to feed them every other day. On the days I didn't feed them, the pigs still gathered in the clearing. They squealed, and they grunted, and they begged and pleaded with me to feed them -- but I only fed them every other day. Then I put a second rail around the posts.
Now the pigs became more and more desperate for food. Because now they were no longer used to going out and digging their own roots and finding their own food, they now needed me. They needed my corn every other day.
So I trained them that I would feed them every day if they came in through a gate and I put up a third rail around the fence.
But it was still no great threat to their freedom, because there were several gates and they could run in and out at will.
Finally I put up the fourth rail. Then I closed all the gates but one, and I fed them very, very well."
Yesterday I closed the last gate and today I need you to help me take these pigs to market.
The parable of the pigs has a serious moral lesson. This story is about federal money being used to bait, trap and enslave a once free and independent people.
Federal welfare, in its myriad forms, has reduced not only individuals to a state of dependency; state and local governments are also on the fast track to elimination, due to their functions being subverted by the command and control structures of federal revenue sharing programs.
Please copy this parable and send it to all of your state and local elected leaders and other concerned citizens. Tell themJust say NO to federal corn.
The bacon you save may be your own.
Khakhavel o balo wi leste si I shuri.
Meaning: He who feeds the pig also holds the knife over it when it is fattened.
We voting taxpayers are fattening politicians.
Who is wielding the knife?
Magna Carta, American Style
Introduction
Before the United States of American was born, there lived many years ago in England a King who became selfish beyond tolerance of the people. King John's laws and actions became associated with dictatorship. When confronted by the people, he simply replied, The law is in my mouth.
On the morning of June 15, 1215, a group of barons and Churchmen gathered at Runnymede, staking their lives on their mission, their armed support kept well in the background. Upon his arrival, without conflict, King John signed the Articles of the Barons. That document on parchment implied that the law of the land was above the King and must be honored. Therein is the basis of our Rule of Law.
That document is known in history as the Magna Carta and was studied by our Founding Fathers when penning our Constitution of the United States. Our Founding Fathers also penned the Declaration of Independence, which listed their grievances of wrongful deeds by a later King.
Years later, in the year 2001, many of those same grievances have reoccurred. But this time, it comes from our President and Congress. Indeed, American citizens are changing the original words of the Declaration of Independence to acts occurring today. Our elected federal government leaders have forgotten the Constitution of the United States.
It is time for another Magna Carta. But this time, the swords have been replaced with that Trilogy known as the Supreme Law of the Land: The Constitution of the United States, the Federalist Papers and the decisions of the Supreme Court of the United States. The Federalist Papers have been cited by the Supreme Court as a definitive document for the Constitution of the United States.
Armed with the Supreme Law of the Land, three Magna Cartas, American Style, are presented here -- One to President Bush, one to Judge Ann L. Aiken in the 9th Circuit Federal Court in Eugene, Oregon, and one to Saundra B. Armstrong in the 9th Circuit Federal Court in Oakland, California. Will they sign them? Only time will tell. But there is grave doubt in my mind. It appears that we have 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 the most. It addition, far too many judges have forgotten the Constitution, a grave omission tantamount to treason.
It is the hope of Forest Glen Durland that the consequences of not signing this document will be sufficiently powerful to prevent Forest Glen Durland from being put in jail, a result predicted by a knowledgeable friend. Forest has never been in jail in his life. It does seem a bit tyrannical for a judge to jail a citizen for properly insisting that the Supreme Law of the Land be observed. Such jailing could create a martyr, and martyrs can neither be killed nor silenced. It would seem that a judge would not risk that danger to ending his-her career in prison.
One can not but wonder why our courts have veered so far from our Supreme Law of the Land. Is there a force lurking in the shadows that we do not see? The Constitution is apparently an inconvenience to our elected politicians living off our tax money in diverse ways.
Forest Glen Durland
Magna Carta, American Style
to be signed by Judge Ann L. Aiken, 9th Circuit Federal Court, Eugene, Oregon
1. This Magna Carta American Style refers to the property in the Klamath Irrigation District (KID), and specifically to the Headgates and Dam on, and water in, the Upper Klamath Lake, and includes all inlets, sources and other water and storage structures. The Headgates, other structures and water are considered property of KID, which is considered the property of the farmers in the Klamath Basin.
2. All items herein are effective immediately.
3. I order all control of KID handed over to KID.
4. I order all federal agents to vacate immediately all property within KID without damaging property.
5. I immediately deed all land, water and water rights in KID, the Headgates, the Dam at the mouth of Upper Klamath Lake and all water storage structures to the farmers in the Klamath Basin who hold the original deeds and/or legal ownership and rights to their land and water.
6. Within 24 hours of the signing of this Magna Carta, American style, I will order the Federal Government to electronically send ten billion dollars ($10,000,000,000) to an account in Klamath Falls, Oregon specified by the farmers to be given only to the farmers in KID to enable them to rebuild their farms, their lives, KID and to maintain water storage structures. There will be no demands attached to this money which will be a tax free gift. This transmission shall be directly from the US Treasury to the an account specified by KID. No agency shall touch this money en route. This money can be taken from one of the more than 112 unconstitutional federal agencies such as the Environmental Protection Agency, which recently illegally funneled funds in that magnitude to private agencies that sue farmers.
7. Any and all power companies using water from upper Klamath Lake will pay KID for that water starting January 1, 2001 and will adhere to KID rules. KID will dictate usage of water from Upper Klamath Lake by any and all power companies. KID will have dominate rights over all rights of way.
8. I will immediately abolish the Bureau of Reclamation, the Bureau of Land Management, all federal agencies (except KID) and orders and regulations under any name that have influence on KID and are not authorized by the Constitution of the United States. The land involved will be immediately given to the farmers in the Klamath Basin holding the deeds, grants, and rights, with the remainder going to the state in which it lies, with the exception that the deeds and rights of and by the farmers shall take precedent. The Indians sold their reservation to the federal government and therefore have no rights in this case. Serving not only the Klamath Basin farmers, this item #8 but will serve as a precedent to abolish all of the over 112 federal agencies not authorized by the Constitution of the United States. The Constitution of the United States limits land control by the federal government.
9. The alternative to signing this Magna Carta, American Style, will be prosecution using Rule of Law, Misprision of Felony, Accessory After the Fact, Color of Law, Oath of Office, 5 USC 706, 18 USC 249, and possibly treason.
10. I will immediately file this Magna Carta, American Style, as a court order.
11. I will sign three times. The original (which will be retained by Forest Glen Durland), a copy for the farmers and a copy which I will make a part of the record of the Klamath Basin Farmers case.
Dated this _______ day of ____________________________, 2003
Signed: X_______________________________________________________________________
(Updated 4--28-03. C. 2002 by Durland)
Magna Carta, American Style
To be signed by
Judge Saundra B. Armstrong, 9th Circuit Federal Court in Oakland, California
1. This Magna Carta American Style refers to the property in the Klamath Irrigation District (KID), and specifically to the Headgates and Dam on, and water in, the Upper Klamath Lake, and includes all inlets, sources and other water and storage structures. The Headgates, other structures and water are considered property of KID, which is considered the property of the farmers in the Klamath Basin.
2. All items herein are effective immediately.
3. I order all control of KID handed over to KID.
4. I order all federal agents to vacate immediately all property within KID without damaging property.
5. I immediately deed all land, water and water rights in KID, the Headgates, the Dam at the mouth of Upper Klamath Lake and all water storage structures to the farmers in the Klamath Basin who hold the original deeds and/or legal ownership and rights to their land and water.
6. Within 24 hours of the signing of this Magna Carta, American style, I will order the Federal Government to electronically send ten billion dollars ($10,000,000,000) to an account in Klamath Falls, Oregon specified by the farmers to be given only to the farmers in KID to enable them to rebuild their farms, their lives, KID and to maintain water storage structures. There will be no demands attached to this money which will be a tax free gift. This transmission shall be directly from the US Treasury to the an account specified by KID. No agency shall touch this money en route. This money can be taken from one of the more than 112 unconstitutional federal agencies such as the Environmental Protection Agency, which recently illegally funneled funds in that magnitude to private agencies that sue farmers.
7. Any and all power companies using water from upper Klamath Lake will pay KID for that water starting January 1, 2001 and will adhere to KID rules. KID will dictate usage of water from Upper Klamath Lake by any and all power companies. KID will have dominate rights over all rights of way.
8. I will immediately abolish the Bureau of Reclamation, the Bureau of Land Management, all federal agencies (except KID) and orders and regulations under any name that have influence on KID and are not authorized by the Constitution of the United States. The land involved will be immediately given to the farmers in the Klamath Basin holding the deeds, grants, and rights, with the remainder going to the state in which it lies, with the exception that the deeds and rights of and by the farmers shall take precedent. The Indians sold their reservation to the federal government and therefore have no rights in this case. Serving not only the Klamath Basin farmers, this item #8 but will serve as a precedent to abolish all of the over 112 federal agencies not authorized by the Constitution of the United States. The Constitution of the United States limits land control by the federal government.
9. The alternative to signing this Magna Carta, American Style, will be prosecution using Rule of Law, Misprision of Felony, Accessory After the Fact, Color of Law, Oath of Office, 5 USC 706, 18 USC 249, and possibly treason.
10. I will immediately file this Magna Carta, American Style, as a court order.
11. I will sign three times. The original (which will be retained by Forest Glen Durland), a copy for the farmers and a copy which I will make a part of the record of the Klamath Basin Farmers case.
Dated this _______ day of ____________________________, 2003
Signed: X_______________________________________________________________________
(Updated 4--28-03. C. 2002 by Durland)
Magna Carta, American Style
to be signed my President Bush
1. This Magna Carta American Style refers to the property in the Klamath Irrigation District (KID), and specifically to the Headgates and Dam on, and water in, the Upper Klamath Lake, and includes all inlets, sources and other water and storage structures. The Headgates, other structures and water are considered property of KID, which is considered the property of the farmers in the Klamath Basin.
2. All items herein are effective immediately.
3. I order all control of KID handed over to KID.
4. I order all federal agents to vacate immediately all property within KID without damaging property.
5. I immediately deed all land, water and water rights in KID, the Headgates, the Dam at the mouth of Upper Klamath Lake and all water storage structures to the farmers in the Klamath Basin who hold the original deeds and/or legal ownership and rights to their land and water.
6. Within 24 hours of the signing of this Magna Carta, American style, I will order the Federal Government to electronically send ten billion dollars ($10,000,000,000) to an account in Klamath Falls, Oregon specified by the farmers to be given only to the farmers in KID to enable them to rebuild their farms, their lives, KID and to maintain water storage structures. There will be no demands attached to this money which will be a tax free gift. This transmission shall be directly from the US Treasury to the an account specified by KID. No agency shall touch this money en route. This money can be taken from one of the more than 112 unconstitutional federal agencies such as the Environmental Protection Agency, which recently illegally funneled funds in that magnitude to private agencies that sue farmers.
7. Any and all power companies using water from upper Klamath Lake will pay KID for that water starting January 1, 2001 and will adhere to KID rules. KID will dictate usage of water from Upper Klamath Lake by any and all power companies. KID will have dominate rights over all rights of way.
8. I will immediately abolish the Bureau of Reclamation, the Bureau of Land Management, all federal agencies (except KID) and orders and regulations under any name that have influence on KID and are not authorized by the Constitution of the United States. The land involved will be immediately given to the farmers in the Klamath Basin holding the deeds, grants, and rights, with the remainder going to the state in which it lies, with the exception that the deeds and rights of and by the farmers shall take precedent. The Indians sold their reservation to the federal government and therefore have no rights in this case. Serving not only the Klamath Basin farmers, this item #8 but will serve as a precedent to abolish all of the over 112 federal agencies not authorized by the Constitution of the United States. The Constitution of the United States limits land control by the federal government.
9. The alternative to signing this Magna Carta, American Style, will be prosecution using Rule of Law, Misprision of Felony, Accessory After the Fact, Color of Law, Oath of Office, 5 USC 706, 18 USC 249, and possibly treason.
10. I will immediately file this Magna Carta, American Style, as a court order.
11. I will sign three times. The original (which will be retained by Forest Glen Durland), a copy for the farmers and a copy which I will make a part of the record of the Klamath Basin Farmers case.
Dated this _______ day of ____________________________, 2003
Signed: X__________________________________________________________________________
(Updated 4-28-03. C. 2002 by Durland)
Oath and Water Excerpts from Constitutions
Contents of Constitution Section
Constitution of the United States
Constitution of Washington State
Constitution of the United States
Excerpts
[Bold added by Forest ]
The federal oath for the President is in the Constitution, Article II, Section 1, last paragraph.
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation: ' I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.'
<http://www.constitution.org/cons/constitu.htm>
Article VI, 3rd paragraph of the Constitution states: The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.
<http://www.constitution.org/constit_.htm>
The text of the oath is: I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.''
<http://www.uhuh.com/constitution/vikingoath.htm>
Although the following is not a constitutional excerpt, it quotes federal law on the same issue.
Doug Fiedor writes:
Such blatant violations of our Constitution would also be violations of the oath of office taken by all public servants.
You know, the one in which they raise their right hand and solemnly swear to God to support and defend the Constitution of the United States against all enemies, foreign and domestic. Federal law (5 USC 3331) requires that:
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath:
I, (name), do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.
Any violation of the oath of office should be grounds for immediate impeachment and/or dismissal. However, it is not. One dirty little secret in Washington is that there are no penalties for violation of the oath of office. And evidently, everyone in government likes it that way. Violating one's oath of office, and hence the Constitution, has become a rather acceptable and expected practice nowadays.
Ask your Member of Congress why there is no penalty for violation of the oath. The reply should prove very interesting.
... An oath of office presupposes honor in the person taking the oath. Honor that seems to be woefully lacking in many of the public servants officiating in today's federal government. So today, the oath of office is little more than an interesting relic; and perhaps a barometer of just how much the quality of people running our central government has degraded over the years.
<http://www.uhuh.com/reports/headsup/state98.htm#OathofOffice,aLawWithoutEnforcement,su98>
This is an excellent discusion on the subject.
Ron Paul, MD, the best person in Congress, wrote a fine essay on his oath of office. You will find it at
<http://www.uhuh.com/reports/headsup/hu67.htm#WHATWEWANTTOHEAR,hu67>
California Constitution
Oath and water excerpts
[The California oath is at <http://www.uhuh.com/constitution/calconst.htm>.]
The text reads:
SEC. 3. Members of the Legislature, and all public officers and employees, executive, legislative, and judicial, except such inferior officers and employees as may be by law exempted, shall, before they enter upon the duties of their respective offices, take and subscribe the following oath or affirmation: "I, ___________________________, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic; that I will bear true faith and allegiance to the Constitution of the United States and the Constitution of the State of California; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties upon which I am about to enter.
"And I do further swear (or affirm) that I do not advocate, nor am I a member of any party or organization, political or other- wise, that now advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means; that within the five years immediately preceding the taking of this oath (or affirmation) I have not been a member of any party or organization, political or other-wise, that advocated the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means except as follows: (If no affiliations, write in the words "No Exceptions") and that during such time as I hold the office of ______________________________________________ I will not advocate nor become (name of office) a member of any party or organization, political or otherwise, that advocates the overthrow of the Government of the United States or of the State of California by force or violence or other unlawful means." And no other oath, declaration, or test, shall be required as a qualification for any public office or employment. "Public officer and employee" includes every officer and employee of the State, including the University of California, every county, city, city and county, district, and authority, including any department, division, bureau, board, commission, agency, or instrumentality of any of the foregoing.
Oregon Constitution
Oath and water excerpts
[Source: <http://www.leg.state.or.us/orcons/orcons.html>]
[ Also see <http://www.sos.state.or.us/BlueBook/1999_2000/state/constitution/constitution15.htm>]
ARTICLE I. Bill of Rights. Section 9. Unreasonable searches or seizures.
No law shall violate the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search, or seizure; and no warrant shall issue but upon probable cause, supported by oath, or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.-
Section 10. Administration of justice.
No court shall be secret, but justice shall be administered, openly and without purchase, completely and without delay, and every man shall have remedy by due course of law for injury done him in his person, property, or reputation.-
Section 27. Right to bear arms; military subordinate to civil power.
The people shall have the right to bear arms for the defence (sic) of themselves, and the State, but the Military shall be kept in strict subordination to the civil power[.]
ARTICLE IV. Legislative Department. Section 31. Oath of members.
The members of the Legislative Assembly shall before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation;-I do solemnly swear (or affirm as the case may be) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully discharge the duties of Senator (or Representative as the case may be) according to the best of my Ability, And such oath may be administered by the Govenor (sic), Secretary of State, or a judge of the Supreme Court.-
ARTICLE VII (Amended) JUDICIAL DEPARTMENT.
Section 7. Oath of office of Judges of Supreme Court.
Every judge of the supreme court, before entering upon the duties of his office, shall take and subscribe, and transmit to the secretary of state, the following oath:
'I, _________, do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a judge of the supreme court of this state, according to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been elected.' [Created through initiative petition filed July 7, 1910, and adopted by the people Nov. 8, 1910]
ARTICLE VII (Original) THE JUDICIAL DEPARTMENT
Section 21. Oath of office of Supreme Court Judges.
. . . the Legislative Assembly, may provide for the election of Supreme, and Circuit Judges, in distinct classes, one of which classes shall consist of three Justices of the Supreme Court, who shall not perform Circuit duty, and the other class shall consist of the necessary number of Circuit Judges, who shall hold full terms without allotment, and who shall take the same oath as the Supreme Judges.
ARTICLE XI CORPORATIONS AND INTERNAL IMPROVEMENTS
Section 12. Peoples' utility districts.
Peoples' Utility Districts may be created of territory, contiguous or otherwise, within one or more counties, and may consist of an incorporated municipality, or municipalities, with or without unincorporated territory, for the purpose of supplying water for domestic and municipal purposes; for the development of water power and/or electric energy; and for the distribution, disposal and sale of water, water power and electric energy. Such districts shall be managed by boards of directors, consisting of five members, who shall be residents of such districts. Such districts shall have power:
(a) To call and hold elections within their respective districts.
(b) To levy taxes upon the taxable property of such districts.
(c) To issue, sell and assume evidences of indebtedness.
(d) To enter into contracts.
(e) To exercise the power of eminent domain.
(f) To acquire and hold real and other property necessary or incident to the business of such districts.
(g) To acquire, develop, and/or otherwise provide for a supply of water, water power and electric energy.
Such districts may sell, distribute and/or otherwise dispose of water, water power and electric energy within or without the territory of such districts.
The legislative assembly shall and the people may provide any legislation, that may be necessary, in addition to existing laws, to carry out the provisions of this section. [Created through initiative petition filed July 3, 1930, and adopted by the people Nov. 4, 1930]
ARTICLE XI-D. STATE POWER DEVELOPMENT
Sec. 1. State's rights, title and interest to water and water-power sites to be held in perpetuity
Sec. 2. State's powers enumerated
Sec. 3. Legislation to effectuate article
Sec. 4. Construction of article
Section 1. State's rights, title and interest to water and water-power sites to be held in perpetuity.
The rights, title and interest in and to all water for the development of water power and to water power sites, which the state of Oregon now owns or may hereafter acquire, shall be held by it in perpetuity. [Created through initiative petition filed July 7, 1932, and adopted by the people Nov. 8, 1932]
Section 2. State's powers enumerated.
The state of Oregon is authorized and empowered:
1. To control and/or develop the water power within the state;
2. To lease water and water power sites for the development of water power;
3. To control, use, transmit, distribute, sell and/or dispose of electric energy;
4. To develop, separately or in conjunction with the United States, or in conjunction with the political subdivisions of this state, any water power within the state, and to acquire, construct, maintain and/or operate hydroelectric power plants, transmission and distribution lines;
5. To develop, separately or in conjunction with the United States, with any state or states, or political subdivisions thereof, or with any political subdivision of this state, any water power in any interstate stream and to acquire, construct, maintain and/or operate hydroelectric power plants, transmission and distribution lines;
6. To contract with the United States, with any state or states, or political subdivisions thereof, or with any political subdivision of this state, for the purchase or acquisition of water, water power and/or electric energy for use, transmission, distribution, sale and/or disposal thereof;
7. To fix rates and charges for the use of water in the development of water power and for the sale and/or disposal of water power and/or electric energy;
8. To loan the credit of the state, and to incur indebtedness to an amount not exceeding one and one-half percent of the true cash value of all the property in the state taxed on an ad valorem basis, for the purpose of providing funds with which to carry out the provisions of this article, notwithstanding any limitations elsewhere contained in this constitution;
9 To do any and all things necessary or convenient to carry out the provisions of this article. [Created through initiative petition filed July 7, 1932, and adopted by the people Nov. 8, 1932; Amendment proposed by S.J.R. 6, 1961, and adopted by the people Nov. 6, 1962]
Section 3. Legislation to effectuate article.
The legislative assembly shall, and the people may, provide any legislation that may be necessary in addition to existing laws, to carry out the provisions of this article; Provided, that any board or commission created, or empowered to administer the laws enacted to carry out the purposes of this article shall consist of three members and be elected without party affiliation or designation. [Created through initiative petition filed July 7, 1932, and adopted by the people Nov. 8, 1932]
Section 4. Construction of article.
Nothing in this article shall be construed to affect in any way the laws, and the administration thereof, now existing or hereafter enacted, relating to the appropriation and use of water for beneficial purposes, other than for the development of water power. [Created through initiative petition filed July 7, 1932, and adopted by the people Nov. 8, 1932]
ARTICLE XI-I(1). WATER DEVELOPMENT PROJECTS.
Sec.1. State empowered to lend credit to established Water Development Fund; eligibility; use
Notwithstanding the limits contained in sections 7 and 8, Article XI of this Constitution, the credit of the State of Oregon may be loaned and indebtedness incurred in an amount not to exceed one and one-half percent of the true cash value of all the property in the state for the purpose of creating a fund to be known as the Water Development Fund. The fund shall be used to provide financing for loans for residents of this state for construction of water development projects for irrigation, drainage, fish protection, watershed restoration and municipal uses and for the acquisition of easements and rights of way for water development projects authorized by law. Secured repayment thereof shall be and is a prerequisite to the advancement of money from such fund. As used in this section, "resident" includes both natural persons and any corporation or cooperative, either for profit or nonprofit, whose principal income is from farming in Oregon or municipal or quasi-municipal or other body subject to the laws of the State of Oregon. Not less than 50 percent of the potential amount available from the fund will be reserved for irrigation and drainage projects. For municipal use, only municipalities and communities with populations less than 30,000 are eligible for loans from the fund. [Created through S.J.R. 1, 1977, and adopted by the people Nov. 8, 1977; Amendment proposed by S.J.R. 6, 1981, and adopted by the people May 18, 1982; Amendment proposed by H.J.R. 45, 1987, and adopted by the people May 17, 1988]
ARTICLE XV. MISCELLANEOUS.
Section 3. Oaths of office.
Every person elected or appointed to any office under this Constitution, shall, before entering on the duties thereof, take an oath or affirmation to support the Constitution of the United States, and of this State, and also an oath of office.-
Section 4. Regulation of lotteries; state lottery; use of net proceeds from state lottery.
(1) Except as provided in subsections (2), (3), (4), (5) and (6) of this section, lotteries and the sale of lottery tickets, for any purpose whatever, are prohibited, and the Legislative Assembly shall prevent the same by penal laws.
Section 4. (3) There is hereby created the State Lottery Commission which shall establish and operate a State Lottery. All proceeds from the State Lottery, including interest, but excluding costs of administration and payment of prizes, shall be used for any of the following purposes: creating jobs, furthering economic development, financing public education in Oregon or restoring and protecting Oregon's parks, beaches, watersheds and critical fish and wildlife habitats.
Section 4. (4)(d) There is hereby created within the General Fund the Oregon State Lottery Fund which is continuously appropriated for the purpose of administering and operating the Commission and the State Lottery. The State Lottery shall operate as a self-supporting revenue-raising agency of state government and no appropriations, loans, or other transfers of state funds shall be made to it. The State Lottery shall pay all prizes and all of its expenses out of the revenues it receives from the sale of tickets or shares to the public and turnover the net proceeds therefrom to a fund to be established by the Legislative Assembly from which the Legislative Assembly shall make appropriations for the benefit of any of the following public purposes: creating jobs, furthering economic development, financing public education in Oregon or restoring and protecting Oregon's parks, beaches, watersheds and critical fish and wildlife habitats. Effective July 1, 1997, 15% of the net proceeds from the State Lottery shall be deposited, from the fund created by the Legislative Assembly under this paragraph, in an education endowment fund. Earnings on moneys in the education endowment fund shall be retained in the fund or expended for the public purpose of financing public education in Oregon as provided by law. Moneys in the education endowment fund shall be invested as provided by law and shall not be subject to the limitations of section 6, Article XI of this Constitution. The Legislative Assembly may appropriate other moneys or revenue to the education endowment fund. The Legislative Assembly shall appropriate amounts sufficient to pay lottery bonds before appropriating the net proceeds from the State Lottery for any other purpose. At least 84% of the total annual revenues from the sale of all lottery tickets or shares shall be returned to the public in the form of prizes and net revenues benefiting the public purpose.
Section 4 (5) Effective July 1, 1999, 15% of the net proceeds from the State Lottery shall be deposited in a parks and natural resources fund created by the Legislative Assembly. Of the moneys in the parks and natural resources fund, 50% shall be distributed for the public purpose of financing the protection, repair, operation, and creation of state parks, ocean shore and public beach access areas, historic sites and recreation areas, and 50% shall be distributed for the public purpose of financing the restoration and protection of native salmonid populations, watersheds, fish and wildlife habitats and water quality in Oregon. The Legislative Assembly shall not limit expenditures from the parks and natural resources fund. The Legislative Assembly may appropriate other moneys or revenue to the parks and natural resources fund.
Note: The amendments to section 4, as adopted by the people in Measure No. 66, 1998, incorrectly set forth the text of section 4 as it existed at the time the measure was submitted to the people. The text of the measure, as approved by the voters, has been printed here.
Section 4b. Use of net proceeds from state lottery for salmon restoration and watershed and wildlife habitat protection.
Moneys disbursed for the public purpose of financing the restoration and protection of wild salmonid populations, watersheds, fish and wildlife habitats and water quality from the fund established under Section 4 of this Article shall be administered by one state agency. At least 65% of the moneys will be used for capital expenditures. These moneys, including grants, shall be used for all of the following purposes:
(1) Watershed, fish and wildlife, and riparian and other native species, habitat conservation activities, including but not limited to planning, coordination, assessment, implementation, restoration, inventory, information management and monitoring activities.
(2) Watershed and riparian education efforts.
(3) The development and implementation of watershed and water quality enhancement plans.
(4) Entering into agreements to obtain from willing owners determinate interests in lands and waters that protect watershed resources, including but not limited to fee simple interests in land, leases of land or conservation easements.
(5) Enforcement of fish and wildlife and habitat protection laws and regulations. [Created through initiative petition filed March 11, 1998, and adopted by the people Nov. 3, 1998]
Section 7. Officers not to receive fees from or represent claimants against state.
No State officers, or members of the Legislative Assembly, shall directly or indirectly receive a fee, or be engaged as counsel, agent, or Attorney in the prosecution of any claim against this State.-
Section 12. Peoples' utility districts.
Peoples' Utility Districts may be created of territory, contiguous or otherwise, within one or more counties, and may consist of an incorporated municipality, or municipalities, with or without unincorporated territory, for the purpose of supplying water for domestic and municipal purposes; for the development of water power and/or electric energy; and for the distribution, disposal and sale of water, water power and electric energy. Such districts shall be managed by boards of directors, consisting of five members, who shall be residents of such districts. Such districts shall have power:
(a) To call and hold elections within their respective districts.
(b) To levy taxes upon the taxable property of such districts.
(c) To issue, sell and assume evidences of indebtedness.
(d) To enter into contracts.
(e) To exercise the power of eminent domain.
(f) To acquire and hold real and other property necessary or incident to the business of such districts.
(g) To acquire, develop, and/or otherwise provide for a supply of water, water power and electric energy.
Such districts may sell, distribute and/or otherwise dispose of water, water power and electric energy within or without the territory of such districts. [Watch this one. Irish interests own the generating plant a the mouth of the upper Klamath Lake. Forest.]
The legislative assembly shall and the people may provide any legislation, that may be necessary, in addition to existing laws, to carry out the provisions of this section. [Created through initiative petition filed July 3, 1930, and adopted by the people Nov. 4, 1930]
Washington State Constitution
Oath and water excerpts
[Source: <http://www.courts.wa.gov/education/constitution/>]
ARTICLE I. DECLARATION OF RIGHTS. SECTION 33. RECALL OF ELECTIVE OFFICERS.
Every elective public officer of the state of Washington expect [except] judges of courts of record is subject to recall and discharge by the legal voters of the state, or of the political subdivision of the state, from which he was elected whenever a petition demanding his recall, reciting that such officer has committed some act or acts of malfeasance or misfeasance while in office, or who has violated his oath of office, stating the matters complained of, signed by the percentages of the qualified electors thereof, hereinafter provided, the percentage required to be computed from the total number of votes cast for all candidates for his said office to which he was elected at the preceding election, is filed with the officer with whom a petition for nomination, or certificate for nomination, to such office must be filed under the laws of this state, and the same officer shall call a special election as provided by the general election laws of this state, and the result determined as therein provided. [AMENDMENT 8, 1911 p 504 SECTION 1. Approved November, 1912.]
ARTICLE IV. THE JUDICIARY. SECTION 28. OATH OF JUDGES.
Every judge of the supreme court, and every judge of a superior court shall, before entering upon the duties of his office, take and subscribe an oath that he will support the Constitution of the United States and the Constitution of the State of Washington, and will faithfully and impartially discharge the duties of judge to the best of his ability, which oath shall be filed in the office of the secretary of state.
ARTICLE V. IMPEACHMENT. SECTION 1. IMPEACHMENT - POWER OF AND PROCEDURE.
The house of representatives shall have the sole power of impeachment. The concurrence of a majority of all the members shall be necessary to an impeachment. All impeachments shall be tried by the senate, and, when sitting for that purpose, the senators shall be upon oath or affirmation to do justice according to law and evidence. When the governor or lieutenant governor is on trial, the chief justice of the supreme court shall preside. No person shall be convicted without a concurrence of two-thirds of the senators elected.
ARTICLE XXI. WATER AND WATER RIGHTS. SECTION 1 PUBLIC USE OF WATER.
The use of the waters of this state for irrigation, mining and manufacturing purposes shall be deemed a public use.
Kentucky Constitution
Oath and water excerpts
Kentucky Constitution. Section 228. Oath of officers and attorneys.
Members of the General Assembly and all officers, before they enter upon the execution of the duties of their respective offices, and all members of the bar, before they enter upon the practice of their profession, shall take the following oath or affirmation: I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of this Commonwealth, and be faithful and true to the Commonwealth of Kentucky so long as I continue a citizen thereof, and that I will faithfully execute, to the best of my ability, the office of .... according to law; and I do further solemnly swear (or affirm) that since the adoption of the present Constitution, I, being a citizen of this State, have not fought a duel with deadly weapons within this State nor out of it, nor have I sent or accepted a challenge to fight a duel with deadly weapons, nor have I acted as second in carrying a challenge, nor aided or assisted any person thus offending, so help me God.
Text as Ratified on: August 3, 1891, and revised September 28, 1891.
History: Not yet amended. <http://www.lrc.state.ky.us/legresou/constitu/228.htm>
[It is interesting to note that there is nothing about irrigation water in the Kentucky Constitution. The only mention of water concerns laying water mains. Compare this scanty page with the voluminous excerpts from the Oregon Constitution. ed.]
Resolutions to Support the 10th Amendment
Of more than casual interest here is are the resolutions to support the 10th Amendment on States Rights by both Kentucky and California. These resolutions, together with documentation will be found at <http://www.uhuh.com/laws/cal10res.htm> and <http://www.uhuh.com/laws/kentucky10.htm>
and
Flora and Fauna listed as endangered, etc
California, Oregon, Washington State and Kentucky
[ Plot these sites on a map and go figure. Why are they doing this, and with whose authority? One thought that comes to mind is: Can the EPA take any one of these and commence another Klamath water crisis? That is food for thought, indeed.
Another point in control here is the fact that no treaty can supersede the Constitution. So what is the UN doing listing all this land in the United States? The UN Charter is a treaty, but it stops when it gets to land. The Constitution strictly limits the federal government as to what land it can use and control, and no treaty can cross that fence. See Constitution Trumps Treaties.
There are many, many more. These listings were selected for their possible relevance to this thesis.
United Nations Alphabet Soup
<http://www.wcmc.org.uk/protected_areas/data/wh/index.html>
UNEP
WCMC
WORLD HERITAGE
UNESCO
Protected - Areas Programme
UNITED STATES OF AMERICA:
1978 Yellowstone National Park
1979 Everglades National Park
1979 Grand Canyon National Park
1980 Redwood National Park
1981 Mammoth Cave National Park
1981 Olympic National Park
1983 Great Smokey Mountains National Park
1984 Yosemite National Park
1987 Hawaii Volcanoes National Park
1995 Carlsbad Caverns National Park
***************************************************
I finally found a readable list.
Go to <http://www.wcmc.org.uk/protected_areas/data/nat2.htm> and follow directions.
Prototype Nationally Designated Protected Areas Database
United States
Oregon
<http://www.wcmc.org.uk/cgi-bin/padb.p>
Name IUCN category Size (hectares) Location Date Related sites
National Forest
Deschutes VI 649724
Fremont VI 486099
Klamath VI 10657
Siskiyou VI 429533
Siskiyou VI 429533 [Listed twice for some reason]
National Park
Name IUCN category Size (hectares) Location Date Related sites
Crater Lake II 74150 42¸56'N - 122¸07'W 1902
National Wildlife Refuge
Klamath Forest IV 15251
Lower Klamath IV 2678 42¸03'N - 121¸47'W
Upper Klamath IV 6057 42¸30'N - 122¸01'W 1928
<http://www.wcmc.org.uk/cgi-bin/padb.p>
United States
California
Name IUCN category Size (hectares) Location Date Related sites
Ecological Reserve
Carmel Bay IV 780 36¸34'01N - 121¸58'59W
Fish Reserve
Pacific Grove Marine Gardens
VI 260 36¸39'00N - 121¸54'00W
National Forest
Klamath VI 82687
Lassen VI 428805
Los Padres VI 710152
Shasta VI 469633
Trinity VI 422363
National Marine Sanctuary
Monterey Bay IV 780000 36¸40'01N - 122¸19'59W 1992
Name IUCN category Size (hectares) Location Date Related sites
National Monument
Cabrillo III 58 - 1913
Joshua Tree III 226781 34¸02'N - 115¸27'W 1936
Lava Beds III 18856 41¸46'N - 121¸30'W 1925
Muir Woods III 223 - 1908
Pinnacles III 6587 36¸29'N - 121¸10'W 1908
National Natural Landmark
Point Lobos III 0
San Andreas Fault III 0
National Park
Lassen Volcanic II 43293 40¸30'N - 121¸21'W 1916
Redwood II 30507 41¸46'N - 124¸05'W 1968
Sequoia II 163115 36¸35'N - 118¸35'W 1890
Yosemite II 308273 37¸52'N - 119¸30'W 1890
*********************************************
[Under Lassen Volcanic I found this:]
Local Addresses
Superintendent, Lassen Volcanic National Park, Mineral, California 96063, USA.
For help with this web site contact:
Protected Areas Programme
UNEP World Conservation Monitoring Centre
219 Huntingdon Road
Cambridge
CB3 0DL
United Kingdom
Information Enquiries
Tel: +44 (0)1223 277722
Main Switchboard
Tel: +44 (0)1223 277314
Fax: +44 (0)1223 277136
Email: info@unep-wcmc.org
[I find it interesting that the United Kingdom maintains such information on our country.]
**************************************************************
[Yosemite has similar information. ]
**************************************************************
National Recreation Area
Name IUCN category Size (hectares) Location Date Related sites
Golden Gate V 29611 37¸45'00N - 122¸31'01W 1972
Whiskeytown Shasta Trinity V 17213 - 1965
Nation Seashore
Point Reyes V 28733 38¸03'N - 122¸51'W 1972
National Wildlife Refuge
Clear Lake IV 13532 41¸52'N - 121¸08'W
Lower Klamath IV 16306 41¸56'N - 121¸42'W
San Francisco Bay IV 7511 37¸28'N - 122¸00'W 1972
Tule Lake IV 15831 41¸53'N - 121¸29'W 1928
Seashore Reserve
California Sea Otter IV 0 - 1937
Pacific Grove Gardens IV 0 -
Sonoma Coast IV 0 -
Name IUCN category Size (hectares) Location Date Related sites
State Beach
Sonoma Coast V 2196 38¸23'N - 123¸05'W 1963
State Park
Big Basin Redwoods II 7360 37¸11'N - 122¸14'W 1963
Carmel Bay II 0 -
Clear Lake V 0
Garrapata II 1189 36¸25'N - 121¸55'W 1985
Pfeiffer Big Sur II 0 -
Robert Louis StevensonII 1512 38¸38'N - 122¸35'W 1963
Name IUCN category Size (hectares) Location Date Related sites
Wilderness (Bureau of Land Management)
Trinity Alps Ib 1871 40¸49'N - 123¸02'W 1984
Wilderness (Forest Service)
Mount Shasta Ib 13697 41¸26'N - 122¸16'W 1984
San Mateo Canyon Ib 15574 33¸32'N - 117¸29'W 1984
Siskiyou Ib 61788 41¸42'N - 123¸46'W 1984
Trinity Alps Ib 201591 41¸00'N - 123¸10'W 1984
Ventana Ib 64374 36¸13'N - 121¸36'W 1978
Wilderness (National Park Service)
Lassen Volcanic Ib 31963 40¸32'N - 121¸23'W 1972
Lava Beds Ib 11517 41¸42'N - 121¸29'W 1972
Yosemite Ib 274216 37¸53'N - 119¸35'W 1984
Information from the same site
<http://www.wcmc.org.uk/protected_areas/data/sample/0237u.htm>
At this address is the UN's view of Upper Klamath Lake with names and budget.
[Note: There are several inconsistencies. The name and location say Upper Klamath Lake in Klamath County, OR, but the address is Tulelake, CA which is in Siskiyou County, CA. Forest]
The World Conservation Monitoring Centre provides information services on conservation and sustainable use of the world's living resources, and helps others to develop information systems of their own.
Name. Upper Klamath NWR
IUCN Management Category. IV
Biogeographical Province. 1.20.12
Geographical Location. South-western corner of Klamath county, Oregon; 42º30'N, 122ºW.
Date and History of Establishment. 3 April 1928.
Area. 5,919 ha.
Land Tenure. Federal government ownership. [Oh yeah!]
Altitude. 1,510 m.
Physical Features. The refuge is located in the north-western corner of 34,413 ha Klamath Lake in south central Oregon. It accounts for virtually all marsh acreage on the lake. The refuge is primarily deep freshwater marsh (5,369 ha) and open water (486 ha). Only 15 ha of upland area exist on the refuge, which sits at the base of the eastern slope of the Pacific Northwest Cascade range. Temperatures range from -17ºC to 36ºC and annual precipitation averages 300 mm.
Climate. No information
Vegetation. The predominant emergent plant species are hardstem bulrush (Scirpus acutus) and cattail (typha latifolia). Yellow pond lily (Nuphar polysepalum) is abundant in portions of the open water areas. Primary submergent plants in descending order include common elodea (Elodea canadensis), hornwort (Ceratophyllum demersum), redhead grass (Potamogeton richardsonii) and sago pondweed (Potamogeton pectinatus).
Fauna. Common mammals on the refuge include the muskrat (Ondatra zibethica), mink (Mustela vison), river otter (Lutra canadensis) and beaver (Castor canadensis). Noteworthy birds include the white pelican (Pelecanus erythrorhynchos), black-crowned night heron (nycticorax nycticorax), double-crested crmorant (Phalacrocorax auritus), red-neck grebe (Podiceps grisegena), eared grebe (Podiceps nigricollus), northern shoveler (Ansa clypeata), ruddy duck (Oxyura jamaicensis), pintail (Anas acuta), mallard (Anas platyrhynchos) and Canada goose (Branta canadensis). The only endangered/threatened species [sic.] using the refuge is the bald eagle (Haliaeetus leucocephalus). The latter birds use the refuge from spring to fall months, primarily due to eagle production occurring on adjacent US Forest Service land. Peak one-day use can be as high as eight birds. Winter use is virtually non-existent, because the refuge usually freezes over, eliminating the fish food supply.
Cultural Heritage. No information
Local Human Population. No information
Visitors and Visitor Facilities. No information
Scientific Research and Facilities. None
Conservation Value. No information
Conservation Management. The following resource removal activities are permitted on the refuge: waterfowl (ducks, geese, coots) hunting; ring-necked pheasant hunting; muskrat trapping. All three programs are controlled by applicable federal, state and refuge regulations that are designed to insure that these resources remain renewable. All regulations are strictly enforced during these activities.
No special zoning has been established on the refuge.
Management Constraints. The Klamath Lake serves two major purpooses [sic.]; it is the major water supply for the WPRS Klamath REclamation Project and it supplies water to generate electricity for south central Oregon. To accomplish these purposes, waterlevels can fluctuate drastically, especially during late summer. When water levels drop int he summer, the refuge virtually dries up, creating ideal germination conditions for hardstem bulrush and cattail which are slowly choking the marsh. The refuge has no water level management capabilities (dikes, structures etc.) so it is conceivable that the refuge marshes will completely fill in with the above-mentioned emergents in the future. This will adversely affect marsh productivity.
Staff. 12 permanent full-time, five permanent part-time and five temporary staff in 1980.
Budget. The 1980 Complex budget was $ 675,000. Upper Klamath NWR was one of six refuges that operated from this total. No breakdown exists for each refuge.
Local Addresses. Refuge Manager, Klamath Basin Refuges, Route 1, Box 74, Tulelake, CA 96134.
References. Riley and Riley, "Guide to the National Wildlife Refuges" provides general information concerning the refuge. No formal publications specific to the refuge exist.
Date. No information
For further information contact:
Information Office, WCMC, 219 Huntingdon Road, Cambridge CB3 0DL, UK
Information enquiries
Tel: +44 (0)1223 277722
Main switchboard
Tel: +44 (0)1223 277314
Fax: +44 (0)1223 277136
Email: info@wcmc.org.uk
Document URL: http:// www.wcmc.org.uk /protected_areas/data/sample/0237u.htm
Revision date: 11-December-2000 | Current date: 18-August-2001
Latest News from WCMC
Flora and Fauna from the same sites
This information was hurriedly copied, but it will give you an idea of procedure.
Endangered Species Act Status Codes
Source: <http://ecos.fws.gov/webpage/webpage_usa_lists.html> Click Status
E -- Endangered
T -- Threatened
EmE -- Emergency Listing, Endangered
EmT -- Emergency Listing Threatened
EXPE, XE -- Experimental Population, Essential
EXPN, XN -- Experimental Population, Non-Essential
SAE, E(S/A) -- Similarity of Appearance to an Endangered Taxon
SAT, T(S/A) -- Similarity of Appearance to a Threatened Taxon
PE -- Proposed Endangered
PT -- Proposed Threatened
PEXPE, PXE -- Proposed Experimental Population, Essential
PEXPN, PXN -- Proposed Experimental Population, Non-Essential
PSAE, PE(S/A) -- Proposed Similarity of Appearance to an Endangered Taxon
PSAT, PT(S/A) -- Proposed Similarity of Appearance to a Threatened Taxon
C -- Candidate Taxon, Ready for Proposal
D3A -- Delisted Taxon, Evidently Extinct
D3B -- Delisted Taxon, Invalid Name in Current Scientific Opinion
D3C -- Delisted Taxon, Recovered
DA -- Delisted Taxon, Amendment of the Act
DM -- Delisted Taxon, Recovered, Being Monitored First Five Years
DO -- Delisted Taxon, Original Commercial Data Erroneous
DP -- Delisted Taxon, Discovered Previously Unknown Additional Populations and/or Habitat
DR -- Delisted Taxon, Taxonomic Revision (Improved Understanding)
AD -- Proposed Delisting
AE -- Proposed Reclassification to Endangered
AT -- Proposed Reclassification to Threatened
California Endangered Species
Date: 8-14-01
Source: <http://ecos.fws.gov/webpage/webpage_usa_lists.html#CA>
Now, which ones are in your area?
Which are weeds or pests you tried to eradicate?
Status Listing (E = Endangered, T = Threatened)
California -- 289 listings
CA Animals -- 110
Status Listing
E - Albatross, short-tailed ( Phoebastria albatrus)
T - Beetle, delta green ground ( Elaphrus viridis)
E - Beetle, Mount Hermon June ( Polyphylla barbata)
T - Beetle, valley elderberry longhorn ( Desmocerus californicus dimorphus)
T - Butterfly, bay checkerspot ( Euphydryas editha bayensis)
E - Butterfly, Behren's silverspot ( Speyeria zerene behrensii)
E - Butterfly, callippe silverspot ( Speyeria callippe callippe)
E - Butterfly, El Segundo blue ( Euphilotes battoides allyni)
E - Butterfly, Lange's metalmark ( Apodemia mormo langei)
E - Butterfly, lotis blue ( Lycaeides argyrognomon lotis)
E - Butterfly, mission blue ( Icaricia icarioides missionensis)
E - Butterfly, Myrtle's silverspot ( Speyeria zerene myrtleae)
T - Butterfly, Oregon silverspot ( Speyeria zerene hippolyta)
E - Butterfly, Palos Verdes blue ( Glaucopsyche lygdamus palosverdesensis)
E - Butterfly, Quino checkerspot ( Euphydryas editha quino)
E - Butterfly, San Bruno elfin ( Callophrys mossii bayensis)
E - Butterfly, Smith's blue ( Euphilotes enoptes smithi)
E - Chub, bonytail ( Gila elegans)
E - Chub, Mohave tui ( Gila bicolor mohavensis)
E - Chub, Owens tui ( Gila bicolor snyderi)
E - Condor, California (U.S.A. only) ( Gymnogyps californianus)
E - Crayfish, Shasta ( Pacifastacus fortis)
T - Eagle, bald (lower 48 States) ( Haliaeetus leucocephalus)
E - Fairy shrimp, Conservancy ( Branchinecta conservatio)
E - Fairy shrimp, longhorn ( Branchinecta longiantenna)
E - Fairy shrimp, Riverside ( Streptocephalus woottoni)
E - Fairy shrimp, San Diego ( Branchinecta sandiegonensis)
T - Fairy shrimp, vernal pool ( Branchinecta lynchi)
E - Fly, Delhi Sands flower-loving ( Rhaphiomidas terminatus abdominalis)
E - Flycatcher, southwestern willow ( Empidonax traillii extimus)
E - Fox, San Joaquin kit ( Vulpes macrotis mutica)
T - Frog, California red-legged (subspecies range clarified) ( Rana aurora draytonii)
T - Gnatcatcher, coastal California ( Polioptila californica californica)
E - Goby, tidewater Entire ( Eucyclogobius newberryi)
E - Grasshopper, Zayante band-winged ( Trimerotropis infantilis)
E - Kangaroo rat, Fresno ( Dipodomys nitratoides exilis)
E - Kangaroo rat, giant ( Dipodomys ingens)
E - Kangaroo rat, Morro Bay ( Dipodomys heermanni morroensis)
E - Kangaroo rat, San Bernardino Merriam's ( Dipodomys merriami parvus)
E - Kangaroo rat, Stephens' ( Dipodomys stephensi)
E - Kangaroo rat, Tipton ( Dipodomys nitratoides nitratoides)
E - Lizard, blunt-nosed leopard ( Gambelia silus)
T - Lizard, Coachella Valley fringe-toed ( Uma inornata)
T - Lizard, Island night ( Xantusia riversiana)
T - Moth, Kern primrose sphinx ( Euproserpinus euterpe)
E - Mountain beaver, Point Arena ( Aplodontia rufa nigra)
E - Mouse, Pacific pocket ( Perognathus longimembris pacificus)
E - Mouse, salt marsh harvest ( Reithrodontomys raviventris)
T - Murrelet, marbled (CA, OR, WA) ( Brachyramphus marmoratus marmoratus)
XN - Otter, southern sea [XN] ( Enhydra lutris nereis)
T - Otter, southern sea (except where XN) ( Enhydra lutris nereis)
T - Owl, northern spotted ( Strix occidentalis caurina)
E - Pelican, brown (except U.S. Atlantic coast, FL, AL) ( Pelecanus occidentalis)
E - Pikeminnow, Colorado (except Salt and Verde R. drainages, AZ) ( Ptychocheilus lucius)
T - Plover, western snowy (Pacific coastal pop.) ( Charadrius alexandrinus nivosus)
E - Pupfish, desert ( Cyprinodon macularius)
E - Pupfish, Owens ( Cyprinodon radiosus)
E - Rabbit, riparian brush ( Sylvilagus bachmani riparius)
E - Rail, California clapper ( Rallus longirostris obsoletus)
E - Rail, light-footed clapper (U.S.A. only) ( Rallus longirostris levipes)
E - Rail, Yuma clapper (U.S.A. only) ( Rallus longirostris yumanensis)
E - Salamander, California tiger U.S.A. (CA - Santa Barbara County) ( Ambystoma californiense)
E - Salamander, desert slender ( Batrachoseps aridus)
E - Salamander, Santa Cruz long-toed ( Ambystoma macrodactylum croceum)
E - Salmon, chinook (winter Sacramento R.) ( Oncorhynchus tshawytscha)
T - Salmon, chinook (CA Central Valley spring-run) ( Oncorhynchus tshawytscha)
T - Salmon, chinook (CA coastal) ( Oncorhynchus tshawytscha)
T - Salmon, coho (OR, CA pop.) ( Oncorhynchus kisutch)
T - Salmon, coho (central CA coast) ( Oncorhynchus kisutch)
T - Sea turtle, green (except where endangered) ( Chelonia mydas)
E - Sea turtle, leatherback ( Dermochelys coriacea)
T - Sea turtle, loggerhead ( Caretta caretta)
T - Sea-lion, Steller (eastern pop.) ( Eumetopias jubatus)
T - Seal, Guadalupe fur ( Arctocephalus townsendi)
E - Sheep, bighorn (Peninsular CA pop.) ( Ovis canadensis)
E - Sheep, bighorn (Sierra Nevada pop.) ( Ovis canadensis californiana)
E - Shrike, San Clemente loggerhead ( Lanius ludovicianus mearnsi)
E - Shrimp, California freshwater ( Syncaris pacifica)
E - Skipper, Laguna Mountains ( Pyrgus ruralis lagunae)
T - Smelt, delta ( Hypomesus transpacificus)
E - Snail, Morro shoulderband ( Helminthoglypta walkeriana)
T - Snake, giant garter ( Thamnophis gigas)
E - Snake, San Francisco garter ( Thamnophis sirtalis tetrataenia)
T - Sparrow, San Clemente sage ( Amphispiza belli clementeae)
T - Splittail, Sacramento ( Pogonichthys macrolepidotus)
E - Steelhead (southern CA coast) ( Oncorhynchus mykiss)
T - Steelhead (central CA coast) ( Oncorhynchus mykiss)
T - Steelhead (Central Valley CA) ( Oncorhynchus mykiss)
T - Steelhead (south central CA coast) ( Oncorhynchus mykiss)
E - Stickleback, unarmored threespine ( Gasterosteus aculeatus williamsoni)
E - Sucker, Lost River ( Deltistes luxatus)
E - Sucker, Modoc ( Catostomus microps)
E - Sucker, razorback ( Xyrauchen texanus)
T - Sucker, Santa Ana (3 CA river basins) ( Catostomus santaanae)
E - Sucker, shortnose ( Chasmistes brevirostris)
E - Tadpole shrimp, vernal pool ( Lepidurus packardi)
E - Tern, California least ( Sterna antillarum browni)
E - Toad, arroyo ( Bufo microscaphus californicus)
T(S/A) - Tortoise, desert (outside/taken from Sonoran Desert) ( Gopherus agassizii)
T - Tortoise, desert (U.S.A., except in Sonoran Desert) ( Gopherus agassizii)
T - Towhee, Inyo California ( Pipilo crissalis eremophilus)
T - Trout, Lahontan cutthroat ( Oncorhynchus clarki henshawi)
T - Trout, Little Kern golden ( Oncorhynchus aguabonita whitei)
T - Trout, Paiute cutthroat ( Oncorhynchus clarki seleniris)
E - Vireo, least Bell's ( Vireo bellii pusillus)
E - Vole, Amargosa ( Microtus californicus scirpensis)
E - Whale, blue ( Balaenoptera musculus)
E - Whale, humpback ( Megaptera novaeangliae)
T - Whipsnake, Alameda ( Masticophis lateralis euryxanthus)
E - Woodrat, riparian ( Neotoma fuscipes riparia)
Cal Plants -- 179
Status Listing
T - Thornmint, San Diego ( Acanthomintha ilicifolia)
E - Thornmint, San Mateo ( Acanthomintha obovata duttonii)
E - Onion, Munz's ( Allium munzii)
E - Alopecurus, Sonoma ( Alopecurus aequalis sonomensis)
E - Fiddleneck, large-flowered ( Amsinckia grandiflora)
E - Rock-cress, Hoffmann's ( Arabis hoffmannii)
E - Rock-cress, McDonald's ( Arabis mcdonaldiana)
E - Manzanita, Santa Rosa Island ( Arctostaphylos confertiflora)
E - Manzanita, Del Mar ( Arctostaphylos glandulosa crassifolia)
E - Manzanita, Presidio ( Arctostaphylos hookeri ravenii)
T - Manzanita, Morro ( Arctostaphylos morroensis)
T - Manzanita, Ione ( Arctostaphylos myrtifolia)
T - Manzanita, pallid ( Arctostaphylos pallida)
E - Sandwort, Marsh ( Arenaria paludicola)
T - Sandwort, Bear Valley ( Arenaria ursina)
E - Milk-vetch, Cushenbury ( Astragalus albens)
E - Milk-vetch, Braunton's ( Astragalus brauntonii)
E - Milk-vetch, Clara Hunt's ( Astragalus clarianus)
E - Milk-vetch, Lane Mountain ( Astragalus jaegerianus)
E - Milk-vetch, Coachella Valley ( Astragalus lentiginosus coachellae)
T - Milk-vetch, Fish Slough ( Astragalus lentiginosus piscinensis)
T - Milk-vetch, Peirson's ( Astragalus magdalenae peirsonii)
E - Milk-vetch, Ventura Marsh ( Astragalus pycnostachyus lanosissimus)
E - Milk-vetch, coastal dunes ( Astragalus tener titi)
E - Milk-vetch, triple-ribbed ( Astragalus tricarinatus)
E - Crownscale, San Jacinto Valley ( Atriplex coronata notatior)
T - Baccharis, Encinitas ( Baccharis vanessae)
E - Barberry, Nevin's ( Berberis nevinii)
E - Barberry, island ( Berberis pinnata insularis)
E - Barberry, Truckee ( Berberis sonnei)
E - Sunshine, Sonoma ( Blennosperma bakeri)
T - Brodiaea, thread-leaved ( Brodiaea filifolia)
T - Brodiaea, Chinese Camp ( Brodiaea pallida)
T - Mariposa lily, Tiburon ( Calochortus tiburonensis)
T - Pussypaws, Mariposa ( Calyptridium pulchellum)
E - Morning-glory, Stebbins' ( Calystegia stebbinsii)
T - Evening-primrose, San Benito ( Camissonia benitensis)
E - Sedge, white ( Carex albida)
E - Paintbrush, Tiburon ( Castilleja affinis neglecta)
T - Owl's-clover, fleshy ( Castilleja campestris succulenta)
T - Paintbrush, ash-grey ( Castilleja cinerea)
E - Indian paintbrush, San Clemente Island ( Castilleja grisea)
E - Paintbrush, soft-leaved ( Castilleja mollis)
E - Jewelflower, California ( Caulanthus californicus)
E - Ceanothus, coyote ( Ceanothus ferrisae)
T - Ceanothus, Vail Lake ( Ceanothus ophiochilus)
E - Ceanothus, Pine Hill ( Ceanothus roderickii)
T - Centaury, spring-loving ( Centaurium namophilum)
E - Mountain-mahogany, Catalina Island ( Cercocarpus traskiae)
T - Spurge, Hoover's ( Chamaesyce hooveri)
T - Amole, purple ( Chlorogalum purpureum)
E - Spineflower, Howell's ( Chorizanthe howellii)
E - Spineflower, Orcutt's ( Chorizanthe orcuttiana)
E - Spineflower, Ben Lomond ( Chorizanthe pungens hartwegiana)
T - Spineflower, Monterey ( Chorizanthe pungens pungens)
E - Spineflower, Robust ( Chorizanthe robusta)
E - Spineflower, Sonoma ( Chorizanthe valida)
E - Thistle, fountain ( Cirsium fontinale fontinale)
E - Thistle, Chorro Creek bog ( Cirsium fontinale obispoense)
E - Thistle, Suisun ( Cirsium hydrophilum hydrophilum)
E - Thistle, La Graciosa ( Cirsium loncholepis)
E - Clarkia, Presidio ( Clarkia franciscana)
E - Clarkia, Vine Hill ( Clarkia imbricata)
E - Clarkia, Pismo ( Clarkia speciosa immaculata)
T - Clarkia, Springville ( Clarkia springvillensis)
E - Bird's-beak, salt marsh ( Cordylanthus maritimus maritimus)
E - Bird's-beak, soft ( Cordylanthus mollis mollis)
E - Bird's beak, palmate-bracted ( Cordylanthus palmatus)
E - Bird's-beak, Pennell's ( Cordylanthus tenuis capillaris)
E - Cypress, Santa Cruz ( Cupressus abramsiana)
T - Cypress, Gowen ( Cupressus goveniana goveniana)
E - Larkspur, Baker's ( Delphinium bakeri)
E - Larkspur, yellow ( Delphinium luteum)
E - Larkspur, San Clemente Island ( Delphinium variegatum kinkiense)
E - Spineflower, slender-horned ( Dodecahema leptoceras)
T - Dudleya, Conejo ( Dudleya abramsii parva)
T - Dudleya, marcescent ( Dudleya cymosa marcescens)
T - Dudleyea, Santa Monica Mountains ( Dudleya cymosa ovatifolia)
T - Dudleya, Santa Cruz Island ( Dudleya nesiotica)
E - Dudleya, Santa Clara Valley ( Dudleya setchellii)
T - Liveforever, Laguna Beach ( Dudleya stolonifera)
E - Liveforever, Santa Barbara Island ( Dudleya traskiae)
T - Dudleya, Verity's ( Dudleya verityi)
E - Mallow, Kern ( Eremalche kernensis)
E - Woolly-star, Santa Ana River ( Eriastrum densifolium sanctorum)
T - Woolly-star, Hoover's ( Eriastrum hooveri)
T - Daisy, Parish's ( Erigeron parishii)
E - Mountain balm, Indian Knob ( Eriodictyon altissimum)
E - Yerba santa, Lompoc ( Eriodictyon capitatum)
E - Buckwheat, Ione ( Eriogonum apricum)
T - Wild-buckwheat, southern mountain ( Eriogonum kennedyi austromontanum)
E - Buckwheat, cushenbury ( Eriogonum ovalifolium vineum)
E - Sunflower, San Mateo woolly ( Eriophyllum latilobum)
E - Button-celery, San Diego ( Eryngium aristulatum parishii)
E - Thistle, Loch Lomond coyote ( Eryngium constancei)
E - Wallflower, Contra Costa ( Erysimum capitatum angustatum)
E - Wallflower, Menzies' ( Erysimum menziesii)
E - Wallflower, Ben Lomond ( Erysimum teretifolium)
E - Flannelbush, Pine Hill ( Fremontodendron californicum decumbens)
E - Flannelbush, Mexican ( Fremontodendron mexicanum)
E - Bedstraw, island ( Galium buxifolium)
E - Bedstraw, El Dorado ( Galium californicum sierrae)
E - Gilia, Monterey ( Gilia tenuiflora arenaria)
E - Gilia, Hoffmann's slender-flowered ( Gilia tenuiflora hoffmannii)
T - Gumplant, Ash Meadows ( Grindelia fraxino-pratensis)
T - Rush-rose, island ( Helianthemum greenei)
T - Tarplant, Otay ( Hemizonia conjugens)
E - Tarplant, Gaviota ( Hemizonia increscens villosa)
T - Dwarf-flax, Marin ( Hesperolinon congestum)
T - Tarplant, Santa Cruz ( Holocarpha macradenia)
T - Howellia, water ( Howellia aquatilis)
E - Goldfields, Burke's ( Lasthenia burkei)
E - Goldfields, Contra Costa ( Lasthenia conjugens)
E - Layia, beach ( Layia carnosa)
E - Bladderpod, San Bernardino Mountains ( Lesquerella kingii bernardina)
E - Lessingia, San Francisco ( Lessingia germanorum)
E - Lily, Western ( Lilium occidentale)
E - Lily, Pitkin Marsh ( Lilium pardalinum pitkinense)
E - Meadowfoam, Butte County ( Limnanthes floccosa californica)
E - Meadowfoam, Sebastopol ( Limnanthes vinculans)
E - Woodland-star, San Clemente Island ( Lithophragma maximum)
E - Broom, San Clemente Island ( Lotus dendroideus traskiae)
E - Lupine, Nipomo Mesa ( Lupinus nipomensis)
E - Lupine, clover ( Lupinus tidestromii)
E - Bush-mallow, San Clemente Island ( Malacothamnus clementinus)
E - Bush-mallow, Santa Cruz Island ( Malacothamnus fasciculatus nesioticus)
E - Malacothrix, Santa Cruz Island ( Malacothrix indecora)
E - Malacothrix, island ( Malacothrix squalida)
E - Monardella, willowy ( Monardella linoides viminea)
E - Wooly-threads, San Joaquin ( Monolopia congdonii)
T - Navarretia, spreading ( Navarretia fossalis)
E - Navarretia, few-flowered ( Navarretia leucocephala pauciflora)
E - Navarretia, many-flowered ( Navarretia leucocephala plieantha)
T - Grass, Colusa ( Neostapfia colusana)
E - Niterwort, Amargosa ( Nitrophila mohavensis)
E - Evening-primrose, Eureka Valley ( Oenothera avita eurekensis)
E - Evening-primrose, Antioch Dunes ( Oenothera deltoides howellii)
E - Cactus, Bakersfield ( Opuntia treleasei)
E - Grass, California Orcutt ( Orcuttia californica)
T - Orcutt grass, San Joaquin ( Orcuttia inaequalis)
E - Orcutt grass, hairy ( Orcuttia pilosa)
T - Orcutt grass, slender ( Orcuttia tenuis)
E - Orcutt grass, Sacramento ( Orcuttia viscida)
E - Oxytheca, cushenbury ( Oxytheca parishii goodmaniana)
E - Stonecrop, Lake County ( Parvisedum leiocarpum)
E - Pentachaeta, white-rayed ( Pentachaeta bellidiflora)
E - Pentachaeta, Lyon's ( Pentachaeta lyonii)
E - Phacelia, island ( Phacelia insularis insularis)
E - Phlox, Yreka ( Phlox hirsuta)
E - Piperia, Yadon's ( Piperia yadonii)
E - Allocarya, Calistoga ( Plagiobothrys strictus)
E - Bluegrass, San Bernardino ( Poa atropurpurea)
E - Bluegrass, Napa ( Poa napensis)
E - Mesa-mint, San Diego ( Pogogyne abramsii)
E - Mesa-mint, Otay ( Pogogyne nudiuscula)
E - Potentilla, Hickman's ( Potentilla hickmanii)
E - Sunburst, Hartweg's golden ( Pseudobahia bahiifolia)
T - Sunburst, San Joaquin adobe ( Pseudobahia peirsonii)
E - Watercress, Gambel's ( Rorippa gambellii)
T - Butterweed, Layne's ( Senecio layneae)
E - Rockcress, Santa Cruz Island ( Sibara filifolia)
E - Checker-mallow, Keck's ( Sidalcea keckii)
E - Checker-mallow, Kenwood Marsh ( Sidalcea oregana valida)
E - Checker-mallow, pedate ( Sidalcea pedata)
E - Jewelflower, Metcalf Canyon ( Streptanthus albidus albidus)
E - Jewelflower, Tiburon ( Streptanthus niger)
E - Seablite, California ( Suaeda californica)
E - Grass, Eureka Dune ( Swallenia alexandrae)
E - Taraxacum, California ( Taraxacum californicum)
E - Mustard, slender-petaled ( Thelypodium stenopetalum)
E - Penny-cress, Kneeland Prairie ( Thlaspi californicum)
E - Fringepod, Santa Cruz Island ( Thysanocarpus conchuliferus)
T - Bluecurls, Hidden Lake ( Trichostema austromontanum compactum)
E - Clover, showy Indian ( Trifolium amoenum)
E - Clover, Monterey ( Trifolium trichocalyx)
E - Orcutt grass, Greene's ( Tuctoria greenei)
E - Grass, Solano ( Tuctoria mucronata)
T - Vervain, Red Hills ( Verbena californica)
T - Crownbeard, big-leaved ( Verbesina dissita)
Oregon Endangered Species
Date: 8-14-01
Source: <http://ecos.fws.gov/webpage/webpage_usa_lists.html#OR>
Now, which ones are in your area?
Which are weeds or pests you tried to eradicate?
Oregon -- 50 listings
OR Animals -- 36
Status Listing (E = Endangered, T = Threatened)
E - Albatross, short-tailed ( Phoebastria albatrus)
E - Butterfly, Fender's blue ( Icaricia icarioides fenderi)
T - Butterfly, Oregon silverspot ( Speyeria zerene hippolyta)
E - Chub, Borax Lake ( Gila boraxobius)
T - Chub, Hutton tui (Hutton) ( Gila bicolor ssp.)
E - Chub, Oregon ( Oregonichthys crameri)
T - Dace, Foskett speckled (Foskett) ( Rhinichthys osculus ssp.)
E - Deer, Columbian white-tailed ( Odocoileus virginianus leucurus)
T - Eagle, bald (lower 48 States) ( Haliaeetus leucocephalus)
T - Fairy shrimp, vernal pool ( Branchinecta lynchi)
T - Lynx, Canada (lower 48 States) ( Lynx canadensis)
T - Murrelet, marbled (CA, OR, WA) ( Brachyramphus marmoratus marmoratus)
T - Owl, northern spotted ( Strix occidentalis caurina)
E - Pelican, brown (except U.S. Atlantic coast, FL, AL) ( Pelecanus occidentalis)
T - Plover, western snowy (Pacific coastal pop.) ( Charadrius alexandrinus nivosus)
T - Salmon, chinook (spring/summer Snake R.) ( Oncorhynchus tshawytscha)
T - Salmon, chinook (lower Columbia R.) ( Oncorhynchus tshawytscha)
T - Salmon, chinook (upper Willamette R.) ( Oncorhynchus tshawytscha)
T - Salmon, chinook (fall Snake R.) ( Oncorhynchus tshawytscha)
T - Salmon, chum (Columbia R.) ( Oncorhynchus keta)
T - Salmon, coho (OR, CA pop.) ( Oncorhynchus kisutch)
E - Salmon, sockeye U.S.A. (Snake River, ID stock wherever found.) ( Oncorhynchus nerka)
T - Sea turtle, green (except where endangered) ( Chelonia mydas)
E - Sea turtle, leatherback ( Dermochelys coriacea)
T - Sea turtle, loggerhead ( Caretta caretta)
T - Sea-lion, Steller (eastern pop.) ( Eumetopias jubatus)
T - Steelhead (Snake R. Basin) ( Oncorhynchus mykiss)
T - Steelhead (lower Columbia R.) ( Oncorhynchus mykiss)
T - Steelhead (middle Columbia R.) ( Oncorhynchus mykiss)
T - Steelhead (upper Willamette R.) ( Oncorhynchus mykiss)
E - Sucker, Lost River ( Deltistes luxatus)
E - Sucker, shortnose ( Chasmistes brevirostris)
T - Sucker, Warner ( Catostomus warnerensis)
T - Trout, bull (U.S.A., coterminous, lower 48 states) ( Salvelinus confluentus)
T - Trout, Lahontan cutthroat ( Oncorhynchus clarki henshawi)
E - Whale, humpback ( Megaptera novaeangliae)
OR Plants -- 14
Status Listing
E - Sandwort, Marsh ( Arenaria paludicola)
E - Milk-vetch, Applegate's ( Astragalus applegatei)
T - Paintbrush, golden ( Castilleja levisecta)
E - Daisy, Willamette ( Erigeron decumbens decumbens)
E - Fritillary, Gentner's ( Fritillaria gentneri)
T - Howellia, water ( Howellia aquatilis)
E - Lily, Western ( Lilium occidentale)
E - Lomatium, Bradshaw's ( Lomatium bradshawii)
T - Lupine, Kincaid's ( Lupinus sulphureus kincaidii)
T - Four-o'clock, MacFarlane's ( Mirabilis macfarlanei)
E - Popcornflower, rough ( Plagiobothrys hirtus)
T - Checker-mallow, Nelson's ( Sidalcea nelsoniana)
E - Wire-lettuce, Malheur ( Stephanomeria malheurensis)
T - Thelypody, Howell's spectacular ( Thelypodium howellii spectabilis)
Washington Endangered Species
Date: 8-14-01
Source: <http://ecos.fws.gov/webpage/webpage_usa_lists.html#WA>
Now, which ones are in your area?
Which are weeds or pests you tried to eradicate?
WnEsList
Washington -- 38 listings
Status Listing (E = Endangered, T = Threatened)
WN Animals -- 30
Status Listing
E - Albatross, short-tailed ( Phoebastria albatrus)
T - Bear, grizzly lower 48 States, except where listed as an experimental population ( Ursus arctos horribilis)
T - Butterfly, Oregon silverspot ( Speyeria zerene hippolyta)
E - Caribou, woodland (ID, WA, B.C.) ( Rangifer tarandus caribou)
E - Deer, Columbian white-tailed ( Odocoileus virginianus leucurus)
T - Eagle, bald (lower 48 States) ( Haliaeetus leucocephalus)
T - Lynx, Canada (lower 48 States) ( Lynx canadensis)
T - Murrelet, marbled (CA, OR, WA) ( Brachyramphus marmoratus marmoratus)
T - Owl, northern spotted ( Strix occidentalis caurina)
E - Pelican, brown (except U.S. Atlantic coast, FL, AL) ( Pelecanus occidentalis)
T - Plover, western snowy (Pacific coastal pop.) ( Charadrius alexandrinus nivosus)
T - Salmon, chinook (spring/summer Snake R.) ( Oncorhynchus tshawytscha)
T - Salmon, chinook (fall Snake R.) ( Oncorhynchus tshawytscha)
T - Salmon, chinook (spring upper Columbia R.) ( Oncorhynchus tshawytscha)
T - Salmon, chinook (lower Columbia R.) ( Oncorhynchus tshawytscha)
T - Salmon, chinook (Puget Sound) ( Oncorhynchus tshawytscha)
T - Salmon, chum (Columbia R.) ( Oncorhynchus keta)
T - Salmon, chum (summer-run Hood Canal) ( Oncorhynchus keta)
E - Salmon, sockeye U.S.A. (Snake River, ID stock wherever found.) ( Oncorhynchus nerka)
T - Salmon, sockeye U.S.A. (Ozette Lake, WA) ( Oncorhynchus nerka)
T - Sea turtle, green (except where endangered) ( Chelonia mydas)
E - Sea turtle, leatherback ( Dermochelys coriacea)
T - Sea-lion, Steller (eastern pop.) ( Eumetopias jubatus)
E - Steelhead (upper Columbia R. Basin) ( Oncorhynchus mykiss)
T - Steelhead (Snake R. Basin) ( Oncorhynchus mykiss)
T - Steelhead (upper Willamette R.) ( Oncorhynchus mykiss)
T - Steelhead (lower Columbia R.) ( Oncorhynchus mykiss)
T - Trout, bull (U.S.A., coterminous, lower 48 states) ( Salvelinus confluentus)
E - Whale, humpback ( Megaptera novaeangliae)
E - Wolf, gray (lower 48 States, except MN and where XN; Mexico) ( Canis lupus)
WN Plants -- 8
Status Listing
E - Sandwort, Marsh ( Arenaria paludicola)
T - Paintbrush, golden ( Castilleja levisecta)
T - Howellia, water ( Howellia aquatilis)
E - Lomatium, Bradshaw's ( Lomatium bradshawii)
T - Lupine, Kincaid's ( Lupinus sulphureus kincaidii)
T - Checker-mallow, Nelson's ( Sidalcea nelsoniana)
E - Checkermallow, Wenatchee Mountains ( Sidalcea oregana calva)
T - Ladies'-tresses, Ute ( Spiranthes diluvialis)
Kentucky Endangered Species
Date: 8-14-01
Source: <http://ecos.fws.gov/webpage/webpage_usa_lists.html#KY>
Now, which ones are in your area?
Which are weeds or pests you tried to eradicate?
Kentucky -- 51 listings
Status Listing (E = Endangered, T = Threatened)
KY Animals -- 42
Status Listing
E - Bat, gray ( Myotis grisescens)
E - Bat, Indiana ( Myotis sodalis)
E - Bat, Virginia big-eared ( Corynorhinus townsendii virginianus)
E - Bean, Cumberland ( Villosa trabalis)
XN - Bean, Cumberland ( Villosa trabalis)
E - Blossom, tubercled ( Epioblasma torulosa torulosa)
XN - Blossom, tubercled ( Epioblasma torulosa torulosa)
E - Catspaw ( Epioblasma obliquata obliquata)
XN - Catspaw ( Epioblasma obliquata obliquata)
E - Clubshell ( Pleurobema clava)
XN - Clubshell ( Pleurobema clava)
E - Combshell, Cumberlandian ( Epioblasma brevidens)
XN - Combshell, Cumberlandian ( Epioblasma brevidens)
T - Dace, blackside ( Phoxinus cumberlandensis)
E - Darter, relict ( Etheostoma chienense)
T - Eagle, bald (lower 48 States) ( Haliaeetus leucocephalus)
E - Elktoe, Cumberland ( Alasmidonta atropurpurea)
E - Fanshell ( Cyprogenia stegaria)
E - Mapleleaf, winged ( Quadrula fragosa)
XN - Mapleleaf, winged ( Quadrula fragosa)
E - Mucket, pink ( Lampsilis abrupta)
E - Mussel, oyster ( Epioblasma capsaeformis)
XN - Mussel, oyster ( Epioblasma capsaeformis)
E - Pearlymussel, cracking ( Hemistena lata)
XN - Pearlymussel, cracking ( Hemistena lata)
E - Pearlymussel, dromedary ( Dromus dromas)
XN - Pearlymussel, dromedary ( Dromus dromas)
E - Pearlymussel, littlewing ( Pegias fabula)
E - Pearlymussel, white wartyback ( Plethobasus cicatricosus)
E - Pigtoe, rough ( Pleurobema plenum)
E - Pimpleback, orangefoot ( Plethobasus cooperianus)
T - Plover, piping (except Great Lakes watershed) ( Charadrius melodus)
E - Pocketbook, fat ( Potamilus capax)
E - Puma, eastern ( Puma concolor couguar)
E - Riffleshell, northern ( Epioblasma torulosa rangiana)
E - Riffleshell, tan ( Epioblasma florentina walkeri)
E - Ring pink ( Obovaria retusa)
E - Shiner, palezone ( Notropis albizonatus)
E - Shrimp, Kentucky cave ( Palaemonias ganteri)
E - Sturgeon, pallid ( Scaphirhynchus albus)
E - Tern, least (interior pop.) ( Sterna antillarum)
E - Woodpecker, red-cockaded ( Picoides borealis)
KY Plants -- 9
Status Listing
T - Potato-bean, Price's ( Apios priceana)
E - Rock-cress, Braun's ( Arabis perstellata)
E - Sandwort, Cumberland ( Arenaria cumberlandensis)
T - Rosemary, Cumberland ( Conradina verticillata)
T - Sunflower, Eggert's ( Helianthus eggertii)
T - Goldenrod, white-haired ( Solidago albopilosa)
E - Goldenrod, Short's ( Solidago shortii)
T - Spiraea, Virginia ( Spiraea virginiana)
E - Clover, running buffalo ( Trifolium stoloniferum)
ONE HONEST MAN = MORE FREEDOM
John Ashcroft and I disagree on a few points of law. But I support him for attorney general just as I would support him for president.
Also, we certainly do not agree on religion. But, so what? John Ashcroft is an honest man. He said that he will support the "rule of law" -- our Constitution -- and the laws of the land. I firmly believe he will do that much better than most.
The socialists throughout the country find Ashcroft positively frightening. That's understandable. Their agenda does not include the protection of the natural and Constitutional rights of the individual. Rather, the socialists want government to support only group rights, and then only for their chosen groups.
John Ashcroft may play that game a little. But not nearly as much as the socialists amongst us would like, and surely not to the detriment of the Constitution.
Another point that must be made is exactly who is creating the fuss against Ashcroft. As John J. Miller & Ramesh Ponnuru of the National Review identified last week, "Liberal groups opposing the nomination of John Ashcroft for Attorney General receive about $45 million in government funding annually, according to an analysis by the Capital Research Center.
"There are, of course, dozens of left-wing interest groups lobbying to defeat Ashcroft. The Capital Research Center -- a vital organization that examines who funds what -- took a close look at 18 of them, including the Feminist Majority Foundation, NAACP, National Education Association, NOW Legal Defense & Education Fund, and Planned Parenthood."
Add in a few government groups and government unions and one quickly sees that these are all the far-left Clinton supporters. And, they all received a lot of money from the Clinton administration. Is there a connection here? Youbetcha!
Move over to the Senate. Clinton in-law Barbara Boxer and Hillary consort Charlie Schumer are first in line there, followed directly by all the honor-less reprobates who supported Clinton in the so called "Senate Trial" without even seeing one piece of evidence.
The fact is, John Ashcroft knows many of these people. He knows about their fundraising activities. And he knows how they pass-through grants, favors and laws for those who play along to get along.
The problem is, all this "playing along" to get along is also in violation of a whole series of federal laws. These people know that John Ashcroft knows a lot about what goes on on Capitol Hill and they know that Ashcroft is an honest man.
Inconvenient, that! Rather disconcerting, too.
Which famous people have the most to lose with an honest attorney general? The Clinton's, Al Gore and most of their major fundraisers have a great deal to lose. So do both of those idiot Senators from California and at least one of the fascist Senators from New York. Then comes Kennedy and Dodd. An honest attorney general will have to address their excesses and frauds -- especially when he already knows that their violations of the law were ongoing practices, not just occasional mistakes.
There are also a few rather significant union money laundering (and fraud) cases in the works. Then too, most of the socialist groups receiving big government grants have not filed expenditure reports because they have totally misused the money.
John Ashcroft might also want to look into all that voter fraud. After all, that worked against him, too. And, we plan to whisper in his ear about all those millions of acres tied up in biosphere reserves around the country. That program was canceled nearly 20 years ago but is still being funded with misappropriated funds.
We will look for the protection of individual liberty, too. John Ashcroft promises to uphold the rule of law, which includes the rulings of the U.S. Supreme Court. Well, here's a hint on how that could go:
In Public Utilities v. Pollak(1), the Court ruled:
"Liberty in the constitutional sense must mean more than freedom from unlawful governmental restraint; it must include privacy as well, if it is to be a repository of freedom. The right to be let alone is indeed the beginning of all freedom. Part of our claim to privacy is in the prohibition of the Fourth Amendment against unreasonable searches and seizures. It gives the guarantee that a man's home is his castle beyond invasion either by inquisitive or by officious people. ... But even in his activities outside the home he has immunities from controls bearing on privacy. He may not be compelled against his will to attend a religious service; he may not be forced to make an affirmation or observe a ritual that violates his scruples; he may not be made to accept one religious, political, or philosophical creed as against another. Freedom of religion and freedom of speech guaranteed by the First Amendment give more than the privilege to worship, to write, to speak as one chooses; they give freedom not to do nor to act as the government chooses. The First Amendment in its respect for the conscience of the individual honors the sanctity of thought and belief. To think as one chooses, to believe what one wishes are important aspects of the constitutional right to be let alone."
Then again, in Illinois v. Andreas(2), the Court revisited the Fourth Amendment:
"The Fourth Amendment, however, does not protect only information. It also protects, in its own sometimes-forgotten words, '[t]he right of the people to be secure in their persons, houses, papers, and effects . . .' As Justice Brandeis put the matter in his dissent in Olmstead v. United States, the Fourth Amendment 'conferred, as against the Government, the right to be let alone -- the most comprehensive of rights and the right most valued by civilized men'. The right to be 'let alone' is, at the very least, the right not to have one's repose and possessions disturbed."
That's the law of the land, if the new administration enforces it.
(Far reaching examples continued in next article.)
1. http://laws.findlaw.com/us/343/451.html
2. http://laws.findlaw.com/us/463/765.html
[Excerpted from Fiedor Report On the News #214.]
<http://www.uhuh.com/reports/headsup/fron214.htm>
IS MORE FREEDOM ON THE WAY?
The Printz Supreme Court opinion(1), and the earlier Lopez(2) decision, have a lot in common. Both are about guns -- sort of. The Printz ruling declared that Congress exceeded its authority by demanding that local police do background checks for handgun purchases and the Lopez decision said that Congress exceeded its authority when it tried to ban guns near schools.
But these opinions could just as easily have been about any object. The Brady law, which gave us the Printz decision, was a stupid law for Congress to pass. Stupid for many reasons, but only emotional around the country because it violated our gun rights.
The Printz Supreme Court opinion is surely about the stupidity of Congress, but is it about guns? No, not at all. It was about a Congress run amuck. It's about a Congress that no longer even pretends to obey the Constitution. It's about a President who acts more like a king. And, it's about a Supreme Court that understood it was time to rein in the gross overreaching of the other two branches of government.
That's also what the Lopez decision, and others, were about. That's why there are a lot of really worried bureaucrats in Washington this week. Periodically, the courts do their job. And, this new administration may help.
First comes a little history lesson from the Supreme Court on why the federal government may not command a State to enforce federal laws and regulations. Our new President and Attorney General say they shall enforce the rule of law to the letter. So, OK, here some of it comes. All regular readers of this newsletter are going to want to understand these words from the "Printz" ruling and encourage the new administration to conform appropriately:
"Enactments of the early Congresses seem to contain no evidence of an assumption that the Federal Government may command the States' executive power in the absence of a particularized constitutional authorization. The early enactments establish, at most, that the Constitution was originally understood to permit imposition of an obligation on state judges to enforce federal prescriptions related to matters appropriate for the judicial power. The Government misplaces its reliance on portions of The Federalist [Papers] suggesting that federal responsibilities could be imposed on state officers. None of these statements necessarily implies -- what is the critical point here -- that Congress could impose these responsibilities without the States' consent. They appear to rest on the natural assumption that the States would consent. Finally, there is an absence of executive commandeering federal statutes in the country's later history, at least until very recent years. Even assuming that newer laws represent an assertion of the congressional power challenged here, they are of such recent vintage that they are not probative of a constitutional tradition.
"The Constitution's structure reveals a principle that controls these cases: the system of 'dual sovereignty.' Although the States surrendered many of their powers to the new Federal Government, they retained a residuary and inviolable sovereignty that is reflected throughout the Constitution's text. ...
"Finally, and most conclusively in these cases, the Court's jurisprudence makes clear that the Federal Government may not compel the States to enact or administer a federal regulatory program."
And there it is folks, the Prozac moment for bureaucrats. It was written in very clear and concise English, too. This comes right from the majority opinion of the Supreme Court in Printz: "The Federal Government may not compel the States to enact or administer a federal regulatory program."
So, that takes care of the federal government ordering a state to do something. But the federal government also coerces states into obedience through threat of withholding highway, education and other funds, grants and what have you. The Court knows that. So apparently the Justices figured that if they were going to have the Washington bureaucracy reaching for the Prozac anyway, they may as well lay it all out for them at once. The Court continues in Printz:
"The Government points to a number of federal statutes enacted within the past few decades that require the participation of state or local officials in implementing federal regulatory schemes. Some of these are connected to federal funding measures, and can perhaps be more accurately described as conditions upon the grant of federal funding than as mandates to the States; others, which require only the provision of information to the Federal Government, do not involve the precise issue before us here, which is the forced participation of the States' executive in the actual administration of a federal program. We of course do not address these or other currently operative enactments that are not before us; it will be time enough to do so if and when their validity is challenged in a proper case. For deciding the issue before us here, they are of little relevance. ...
"Even assuming they represent assertion of the very same congressional power challenged here, they are of such recent vintage that they are no more probative [proof -- ed.] than the statute before us of a constitutional tradition that lends meaning to the text. Their persuasive force is far outweighed by almost two centuries of apparent congressional avoidance of the practice."
Whew! "Even assuming they [programs the federal government coerces the states into following] represent assertion of the very same congressional power challenged here. . ." Yeah, we see that it's the same. The federal government demands compliance to thousands of rules relating to subjects on which it has no right to even speak. It's all a grossly un-Constitutional overreach of power. And, it looks as though the Court sees it that way too.
In other words, the Court will be looking for a case to use to limit many of the rules, regulations and programs the federal government now imposes on the states and the people.
Now the Printz Court goes back to teaching a little history that should be of great interest to most of us.
"Finally, and most conclusively in the present litigation, we turn to the prior jurisprudence of this Court. Federal commandeering of state governments is such a novel phenomenon that this Court's first experience with it did not occur until the 1970's, when the Environmental Protection Agency promulgated regulations requiring States to prescribe auto emissions testing, monitoring and retrofit programs, and to designate preferential bus and carpool lanes. The Courts of Appeals for the Fourth and Ninth Circuits invalidated the regulations on statutory grounds in order to avoid what they perceived to be grave constitutional issues, and the District of Columbia Circuit invalidated the regulations on both constitutional and statutory grounds, see District of Columbia v. Train. After we granted certiorari to review the statutory and constitutional validity of the regulations, the Government declined even to defend them, and instead rescinded some and conceded the invalidity of those that remained, leading us to vacate the opinions below and remand for consideration of mootness. [EPA v. Brown, 431 U.S. 99 (1977)]
"Although we had no occasion to pass upon the subject in Brown, later opinions of ours have made clear that the Federal Government may not compel the States to implement, by legislation or executive action, federal regulatory programs."
There we go again! "The Federal Government may not compel the States to implement, by legislation or executive action, federal regulatory programs." There's the law of the land, folks. And, that law of the land includes seatbelt laws, EPA rules, the Army (Corps of Engineers), BLM, the biosphere socialists and all those little federal regulators running throughout the country supporting the mischief of the left. Our new administration knows of these Court rulings and there is a very good chance they may actually obey them.
But there is more. And the following text from the Printz ruling is just as important as the text above.
"When we were at last confronted squarely with a federal statute that unambiguously required the States to enact or administer a federal regulatory program, our decision should have come as no surprise. At issue (in New York v. United States)(3) were the so called 'take title' provisions of the Low Level Radioactive Waste Policy Amendments Act of 1985, which required States either to enact legislation providing for the disposal of radioactive waste generated within their borders, or to take title to, and possession of the waste -- effectively requiring the States either to legislate pursuant to Congress's directions, or to implement an administrative solution. We concluded that Congress could constitutionally require the States to do neither. 'The Federal Government,' we held, 'may not compel the States to enact or administer a federal regulatory program.'"
And so we see it again: "The Federal Government may not compel the States to enact or administer a federal regulatory program." This raised the heartburn level to new heights in the federal regulatory agencies.
There was an interesting point in the N.Y. v. U.S. opinion not cited in Printz. Writing for the majority in New York, Justice O'Connor more or less made a new rule on the relationship between States and the federal government. Therein, she writes: "When Congress exceeds its authority relative to the States, departure from the constitutional plan cannot be ratified by 'consent' of State officials." Sure. Because the States are the Principals in the Constitutional arrangement. The Federal Government is an Agent of the States.
As we see, there is already enough Supreme Court case law to authorize scrapping the worst players of the federal regulatory bureaucracy. That is, there would be if the other two branches of government honored Supreme Court rulings. But, to do so would mean that the executive branch would have to relinquish many of its un-Constitutional powers. It would also mean that Congress would again be responsible for writing all laws -- and keeping them within the bounds set down by the Constitution. Previously, the Court's opinions on these matters were ignored as much as possible.
Will the Bush administration honor the rule of law? They say they will.
Is help on the way? One can dream.
1. http://laws.findlaw.com/us/000/95-1478.html
2. http://laws.findlaw.com/us/000/u10287.html
3. http://laws.findlaw.com/us/505/144.html
[Excerpted from Fiedor Report On the News #214.]
<http://www.uhuh.com/reports/headsup/fron214.htm>
PROSECUTORS OFTEN VIOLATE THE LAW
Justice in these United States is far different today than the justice experienced by Americans in the era of the Founding Fathers. In the early days of our country, the sheriff would arrest a perpetrator for cause. Any witnesses and evidence were soon thereafter presented in a court of law and the decision of a jury of the accused's neighbors was final. Often, local attorneys served sometimes as prosecutor and other times as defense. Almost always, both sides had equal facilities to prove their case before the court.
But that was then and this is now. Today, a prosecutor has the full backing of the facilities of local, state and national police agencies, the help of a team of attorneys and paralegals and often the seemingly unlimited budget of government. For instance, many millions of dollars of taxpayer's money was spent attempting to railroad Richard Jewell and Randy Weaver. Probably $100-million was spent by the federal government to prosecute the religious group at Waco. And today, at least another $100-million is being spent to pay a small army to apprehend a "suspect" named Eric Rudolph near the small town of Andrews, North Carolina.
Does today's defense team have anywhere near the same resources available to prosecutors to protect their client in a court of law? No. Of course not. Today, a defense attorney has whatever the accused can afford, and little else.
Worse yet, prosecutors have the ability to purchase testimony against the accused. Yet (except in very few circumstances), if the defense attempts to pay someone for beneficial testimony, the offense is called bribery.
However, it looks like things are about to change some. There ought to be a law, and there is. 18 USC 201(c)(2) is rather clear, too. It says:
"Whoever . . . directly or indirectly, gives, offers or promises anything of value to any person, for or because of the testimony under oath or affirmation given or to be given by such person as a witness upon a trial, hearing, or other proceeding, before any court . . . authorized by the laws of the United States to hear evidence or take testimony . . . shall be fined under this title or imprisoned for not more than two years, or both."
There's a slightly inconvenient problem there. When Congress passed that law, they did not exempt prosecutors. In other words, it is against the law for a prosecutor to "offer anything of value to any person" for testimony. That would include, of course, money paid to snitches, or giving a lesser sentence to codefendants for "cooperation."
Last July, in U.S. vs. Singleton, (97-3178) the U.S. 10th Circuit Court of Appeals, ruled that:
"Whoever completes the following elements commits a crime. First, the statute requires a gift, offer, or promise, either direct or indirect, to a person. Second, the gift, offer, or promise must be of value. Third, the gift, offer, or promise must be made for or because of the person's sworn testimony at a trial or other proceeding before an authorized court. The state of mind required to violate the statute is knowledge that the thing of value is given for or because of testimony. . . .
"The anti-gratuity provision of § 201(c)(2) in