Demanding Accountability

Search the web
Search the US~Observer

Subscribe to the US~Observer News Flash Alerts!

Get a subscription
to US~Observer delivered right to
your mailbox via
first-class mail!

Click Here for more information

 

Cougar Lawsuit Press Release
Update From ORCAS
(Oregon Rural Citizens Against Subterfuge)

We filed our lawsuit on April 4, 2006, one day later than our original target date due to circumstances that we have to live with. The State Attorney General was served on April 4th, and the ODFW on April 6th. What happens now is that 20 days after the 6th of April we will file a motion for Summary Judgment, which will outline our legal authority, case law, arguments, and prayer for relief. What that means is we will present why Measure 18, despite being voted on twice by the voters of the State of Oregon, should not have been implemented as it is unconstitutional. Article 1 Section 18 reads as follows, “Private property shall not be taken for public use, nor the particular services of any man be demanded, without just compensation; nor except in the case of the state, without such compensation first assessed and tendered; provided that the use of all roads, ways and waterways necessary to promote the transportation of the raw products of mine or farm or forest or water for beneficial use or drainage is necessary for the development and welfare of the state and is declared for public use.” What this means is under Hawkins v City of La Grande 843 P2d 400 OR 1992, the Court of Appeals ruled the killing of Livestock and the Destruction of Crops by any Governmentally instituted Action (Measure 18) shall be considered Permanently “Taken” for the purposes of taking under Article 1 Section 18 of the Constitution of Oregon. This very clearly defines our legal standing and the fact that despite twice being voted on by the voters of Oregon Measure 18 violated the Constitutional rights of private property owners and goes bye, bye.

Our other argument goes a step further in asserting our rights. 76% of Rural Citizens voted against Measure 18. It only passed due to the overwhelming majority of Urban Citizens who are privileged and immune from the effects of increased Cougar and Bear Predation and the damages they cause livestock and property. Article 1 Section 20 reads as follows; NO LAW shall be passed granting to any citizen or group of citizens privileges, or immunities, which upon the same terms, shall not EQUALLY belong to all citizens. Now, reading that and looking closely at the Supreme Court’s decision on Measure 37 where the court found that the measure created the class of property owners and therefore there was no protected class. And, if they class claiming lack of privilege or immunity could change their circumstances, in our case moving from rural communities to Urban. Aside from being impractical, it would be virtually impossible due to restrictions and space available in Urban areas to farm, grow trees, a lot of crops, hay, etc.

What does all this mean, well folks it means that the Rural Citizens of Oregon are claiming that they are and should be declared a protected class such that their concerns, privilege and immunity should be equal under the law with those of Urban Citizens. Now, if say Portland were to import 3,000 cougars and 12,000 black bears and turn them loose in their city on their citizens, and Salem some 1,800 cougar and 8,000 black bear, and Eugene/Springfield were to take 984 cougar and 4,200 black bear into their midst then things might be a little more equal and they would not be so privileged and immune (Just a thought that would be an option for the court to consider as an order to make things constitutional under Article Section 20). As you can see folks it really doesn’t matter what anyone thinks or feels is right. Is it Constitutional or Not: that is the real issue. Over the years we have put our Constitutions at the back of the law, but they were the beginning inception for all laws we have today. Article 1 is our Bill of Rights and the highest law in the land under which all others have been decided and made. I hope this clarifies our position and that we are not just trophy hunters, or dog hunters. We are Citizens of Oregon taking back our laws and way of life and even our voice to insure that all citizens share equally in our way of life. We are asking in the relief that not only Measure 18 be struck down and goes away but that Cougar and Bear populations are returned to pre-1994 levels and that the over 6 million deer and elk slaughtered by mismanagement, by ODFW sitting on their butts collecting our fees are replaced at any expense and cost.

Thank you for your support and assistance which so many of you have given in the past and I hope that you will continue to support our many future causes giving back the voice of Rural Citizens of Oregon.

Wil Clow, Director ORCAS
2701 Coed Place
Grants Pass, OR 97527
(541) 472-8457
nafiwclw@charter.net

---

Sign-up for our free e-mail News Flash Alerts!

Subscribe Me!