Federal Case Dismissed today

[goldfinds]

The Federal Case was dismissed today in Federal Court. Federal Judge England ruled in favor to the State to dismiss on the grounds of the 11th amendment prevents such a case in Federal Court. The Judge said the miners should take the case to State Court instead.

[Sean C]

sigh...

[Hoser John]

1st year lawyer stuff,as I have stated on many forums many ^%$#@ times-YOU SUE THE STATE IN STATE COURT TO ESTABLISH YOUR APPEALATE RIGHTS FIRST-all your cash in the trash I am truly sorry--but I never have/had/or ever will have any associations---John

[jerhobbs]

Federal Judge England did not rule on the merits of the PLP v. SB 670 case.
Except on jurisdiction even though we had the 1850 Ca. Admissions to the Union, which stated that the State of Ca. could not interfere with the disposal of federal lands. We felt that the state had really relinquished their immunity rights on this particular issue. This also moots the Injunction on March 25th. There is no reason for us spend the time to attempt to second guess Judge Englands motives for his decision, but I did feel that he already had his mind made up.

The alternative then and now was to file in state court, file the case as a related case with the case on Hillman Karuk, and that Injunction to prevent the Ca. DFG from issuing a permit This case being before Judge Roesch. We already know how much Judge Roesch likes miners.

Now Judge England in the Federal lawsuit against SB 670 and the State of Ca. says that we have our remedy in state court and again we will have to file a related case to the Hillman case going before Judge Roesch again. We felt before we filed in Federal Court, and now that this whole thing is a Federal Question and should be heard in a Federal Court.

We will take a few days and mull over the direction we must go and move in that direction. We will update you as to what is decided but we have no intention of giving up. I apologize for not being successful on this Federal Court issue but no one can second guess what any Judges reason for an unfair decision.

Thanks for you support and patience

Jerry

[CalGoldDredger]

Hey, never know unless you try. Thanks, Jerry.

Same applies to prospecting for gold, if you never try you'll never know.

[old gold miner]

Jerry, I am sorry to, but no need to apologize about doing the best you can do.
All anyone can do, is just that.

Judge England appeared confused about the issues. As if he did not even take the time to read the pleadings, or ever even make a fair attempt to understand the issues before him.

The issues are simple to see, if you are not blind.

1) Suction dredge gold mining primarily takes place in California on unpatented mining claims 2), initiated and held under the federal General Mining Laws on applicable federal public domain lands, 3), the state of California expressly consented on its admission to the Union never to interfere with, or even question how the federal government disposes of its public domain land in California, which certainly includes minerals on mining claims, on those federal lands throughout California, 4), SB 670 bans suction dredge gold mining on all mining claims, on all federal public domain lands in California. Which California agreed to NEVER do in its statehood admissions act. 5), SB 670 creates a statewide mining withdrawal on all federal public domain lands in California, which only Congress can do by provision of the Federal Land Policy Management Act (FLPMA).

If that is not a Federal question, then none exist, nor do any Constitutional rights.

If the federal Judge (Morrison England) cannot see that, he could not see the injustice in murder, rape, or child molestation.

We could appeal to a higher federal court, put that would probably take about a year to be heard.

Alternatively, since these issues were not raised in State Court. We can raise them there.

Trouble is, the State will again claim 11th Amendment sovereign immunity.
The provisions of the California statehood admissions act, preclude that.
Which a state judge cannot ignore.
Since there would be no state bench for him to sit on, if CA were not a state.

[tommyknocker]

If "they" can get the (almost) entire Ca. legislature to roll over for SB670, get the govern-traitor to change his mind over it & sign it, the State Attorney genital to roll over for them, I'm not surprised that they got a federal judge to act stupid and confused to rule in their favor...I know, I'm not talking nice...I don't care! These people are spitting on the law and pi$$ing on our Constitution. However, I never believed they would give up that easily either...THANKS JERRY & DAVID

[El Dorado]

Kennedy is the same judge that called a 3 ton meteorite a "block, this stone, this worse than senseless thing "

Then again one only need to follow the money.... Indian gaming money that is

[goldfinds]

OMG, I agree with your comments, I hope this isn't the end. Certainly there must be a way we can protect our right to mine on our valid Federal mining claims, and stop the State government from prohibiting it without scientific evidence and compensation. I stand to lose only $5,000 to $15,000 if the ban only lasts 2 years. Which is not much compared to other much more successful miners.

Thanks Jerry, and Mr. Young for your hard work.

[CalGoldDredger]

Yep loss and then some...
...fines that is if one gets caught in the act.