Monday, May 12, 2014

TRASH YOUR WEDDING DRESS, GET A DIVORCE TATTOO: WHAT IS POLYGAMY WORTH TO THE WESTERN STATE? STATISTICS SHOW THAT OPENING FEDERAL LANDS WOULD BRING IN $26.5 BILLION, JOBS, RECREATION, GROWTH--YOU DON'T GET TO HAVE YOUR CAKE AND EAT IT TOO--SOUTHERN PATRIARCHAL ORDER WANTED FREE ACCESS TO BLACK WOMEN, WESTERN PATRIARCHY WANTS FREE ACCESS TO WHITE WOMEN--BOTH SLAVERY AND POLYGAMY, INCONSISTENT WITH BASIC PRINCIPLES OF FREEDOM AND LIBERTY--RID THE COUNTRY OF THE TWIN RELICS OF BARBARISM, ONCE AND FOR ALL--IT LOOKS LIKE IT IS WORTH IT!

Seems to Me, These Western Rough Riders Have A Choice to Make--And It Will . . . Be Pretty!

Beauty is in the eye of the beholder.  I love where Utah has found itself, while bragging about the all Mormon, all Republican, all controlled by the Mormon Church, with a few exceptions, voting on a bill that would, now, hold on to your britches, buster, force the federal government to turn all land controlled by the United States, over to Utah . . . LOL!  Did you really get that much muscle out of the Mormon, Clive Bundy Ranch deal . . . or are you following his constitutional law lessons, provided, courtesy of the posse comitatus?  LOL.  Holy Shit, only in UTAH!  National fools in the spotlight again; gay marriage, now being challenged in court, after a U.S. Supreme Court ruling, now this? Really?

Maybe you ought to go to the bottom of Clive Bundy's blog, and see who's blog is powering his . . . hello, you got it, mine!  I am sure that the Mormon controlled NSA, with 30,000 Mormon spies watching my computer, phones, and comings and goings, to protect, twin sister, with a size 44 DDD chest, courtesy of a plastic surgeon, oh, sorry, it really was simply vitamins!  LOL!  Who would have guessed that going to a meeting, I didn't know anything about, would lead to looking under the covers of why all the western states, Mormon colonizer, Brigham Young, sent families, many polygamist families, who could multiply like rabbits into, would lead to a connect to the current land dispute with the federal government!  LOL!  

I call it poetic justice!  Try to convince me, that women in Utah, and the Mormon Church, are not property or chattel, you just hooked Cliven Bundy up to my blog, without even having to use a password!  Really, so much for privacy, 4th amendment, copyright laws, the Digital Millennium Act . . . ratcheting up the lawsuit, that is just ready to pop out of these, flying fingers that type faster than most of you, MoMo's read!  SHOCKINGLY UNCONSITUTIONAL, BUT HEY, SO IS POLYGAMY, THAT WAS FORBIDDEN FOREVER, as a condition for statehood . . . THE MORMON LEGISLATURE CAN TAKE CARE OF THAT, JUST DO WHAT YOU DID WITH THE BROCK AND RICE, SECURITY CASE, UP AND WALKS AWAY!

i mean, get serious, didn't my Southwick parents give me birth and raise me, didn't the Mormon Church teach me the gospel, didn't the J. Reuben Clark, Law School at Brigham Young University train you in the law?  The better question is, obviously, I didn't listen to my very Mormon parents, the Mormon Church, or BYU, or I wouldn't be writing this, and they couldn't have stolen my life, up to and including this blog, trying to capitalize on the knowledge that for the most part, I gained on my own . . . do you see any other Mormon attorneys, standing up to the Mormon Church, with 70% of the CIA, FBI, NSA controlled with total access to all I write, and having infiltrated almost every level of the federal government, fighting this patriarchal bull shit?  NO, they are too brainwashed and qualify as useful idiots, promoting Mormon doctrine!  Mitt Romney, may you never rest in peace!

My Sordid, And Rather Colorful History With Polygamy

As a child, growing up in Utah and California, mostly Utah, Emma Smith, wife of the first prophet of the Mormon Church, Joseph Smith was rarely talked about, rather questionable lady in the decades past, as was polygamy, a hush, hush topic.  So I neither knew or thought much about the doctrine or the subject of polygamy, that is until I got married!  I moved with my husband, Richard Clifton Secrist, after he graduated from the University of Utah, to Arizona, to get a master degree in Urban Development, him, of course, not me . . . I was the 19 year old wife, baby by 20!  The Prophet said, don't put off your family for your education . . . so like the useful idiot I was in those days, I got pregnant, two weeks after I got married, and between the two of us, it took us 14 years to get both of us educated, and four kids.  Law school came after the divorce, I would attribute to the fact that we never saw each other for 15 years, due to church callings, city and county commission meetings, school, family, and no time to get to know each other . . . he is, however and wonderful man, and contributed amazing DNA, to my four off the charts, cool children!

But while in Arizona, the best thing that happened to me, I was around Mormon women, who were pregnant and getting their PhDs in physical education, or didn't have kids, getting their law degrees, or already educated.  I thought I had to have 6 kids and bake homemade bread forever!  Yahoo!  So, while my husband was getting his masters, he encouraged me to work on my undergraduate degree at the University of Arizona . . . that changed my course of life, not only for education, but for my views on polygamy.  It is that before those years, I never thought about sharing my husband with another women, and I am of the Emma Smith, leave me in Missouri, marry a non-Mormon, blow off Brigham Young's advances, and tell the brethren of the Mormon Church to stick it, Joseph, her dead husband had put all the furniture in the Mansion House, in Emma's name, and she was keeping it for the humiliation Joseph had caused her, doing much was FLDS prophet, Warren Jeffs, leader of the polygamist sect, recently convicted of raping a 12 year old child, when a tape of the 21 minutes of Jeffs grunting and heavy breathing, ended with an, Amen, followed by three women, probably one was her mother, and one of his spiritual wives, just like her young daughter being raped on the tape, is being broken in to be, chiming in to say, unanimously, Amen!

Just a side legal note, Utah overturned Warren Jeffs conviction, for an issue of jury instructions, leading the jury down the primrose path to a conviction, a reversible error, or a planned protection, by the patriarchal system that still believes in polygamy, protects, and nurtures it, with former attorney general, Mark Shurtleff, pretending to get rid of it, while refusing to allow prosecution without another crime connected to polygamy, a felony, but hey, it is easy to prove welfare fraud, child abuse, sexual abuse, and a myriad of other crimes, but, we really are going to look the other way, don't you love that show, Big Love or Sister Wives . . . man those guys are lucky, on day we will get our 10 virgins promised in the Doctrine and Covenants, or we can convert a bunch of Muslims, and then say, see he can have 4 wives, and then refuse to do it under the auspice of religious freedom!

Thanks God, Texas fried Warren Jeff's ass, with a body guard stating that Jeffs, who no more lived his religion that fly to the moon, stating that Jeffs had up to 180 wives, all pining away for him, trained to be sweet, were told that they were not righteous enough for him, repent, while he is in a Hawaiian shirt, using followers credit cards, driving and SUV, and riding around with wild women in his car.  Utah didn't apprehend Jeffs, the Attorney General, from Arizona, hired a private investigator, who teamed with a woman from St. George, who helped women escape polygamy, who eventually caught the guy!  Polygamy is like cancer, spreading its insidious tentacles, going from state to state, but it is the original state colonized that are suffering for the penis!

Mormons Are As Threatened By A Thinking Female, As Is the Taliban, the Nigerians, or the Al Queda

We studied Church history, at our student ward in Tucson, Arizona.  Now there was a singles ward, that met in the same building as the married student's ward met.  I also took an institute of religion class, as nights on Church history . . . the professor, prefaced his remarks, with telling anyone with a weak testimony of the Church, they might not want to take the class . . . those two experiences, changed everything.  I actually started to think, what if I had to share my husband, could I, would I be faithful?  The more I thought, the more pissed off I got, the more I read, I started to enter the fast and furiously pissed of level!  I started to debate with all the male members of the ward.  Finally, one philosophy student, married, and our best friend couple in the ward, called me one day, and asked me if Zeke, what I called my husband, a childhood thing, grew up in the same neighborhood, could attend the singles ward with him . . . not funny, FRED!

i studied the roots of polygamy, read the Old Testament of the Bible, with Sarah offering Hagar, her hand maiden, the root of all conflict between the Israelis and Palestinians today, to Abraham, her husband to bear him children, until she had one at 80!  Then kicked Hagar out, but found favor from the Lord; however, God was pissed and Sarah for starting this!  Then you have King David, who had 700 wives and concubines, and still cheated with Bathsheba!  What the hell . . . so the Book of Mormon, Jacob 2, states that polygamy is an abomination to the Lord, and he hears the tender cries of the wives and children of men, wanting more than one wife . . . and God forbids it.

However, there is always and exception to every rule, and Mormons love the exception, to raise up a righteous seed . . . and they will lie, cheat, steal, rob, kill, to appear righteous, and put down those who they feel are not righteous, like myself, and then they will sub in a Mormon muffin, who is actually worse, but I do swear, but she has bigger boobs, so she gets to be me, because people like the militias, conservatives, and liberals, alike, dig my writing, or blog, so just power your Mormon agenda that I hate with my blog, take the money, while I won't, and build the kingdom of God, allegedly!

I just couldn't, as a young, very faithful Mormon, rectify the difference between a loving God, finding polygamy and abomination, and attending the tears of the women and children, telling men, they were to have one wife, and concubines, none, for hell sake, look what Sarah caused!  What, 5000 years later, fighting over who has the birthright or gets the Dome of the Rock, or the Temple site?  Come on? To the Doctrine & Covenants, Section 132, current Mormon scripture, stating that if a man finds 10 virgins, he can marry them, and if they don't bear the vessels of men, they will be destroyed!  Sounds like the current, Republican Party!  Needless to say, I was not digging this study, and the outcome; therefore, I looked to the Bible, the universally accepted gospel of Christ . . . it said that a bishop can only be the husband of one wife!  So there you have it, in a nutshell, a Mormon Bishop is to only have one wife!

As I Continued My Intellectual Pursuit of Knowledge, Getting More and More Ammo to Use Against the Male Patriarchy, My Husband Banned the Subject in Our Home, but ONLY after He Heard that Women Were Encouraged to Marry Up in the Church and Could Be Sealed to More Than One Man!

There is a Mormon, intelligentsia in the Church, believe it or not, the September 7 all got excommunicated, as is the path for all good seekers, but a group meets at the same time of the Mormon Church holds education week at BYU, so the intellectuals, myself included, or used to, head to the Sunstone Symposium, held in Heathenville, in Salt Lake City . . . the sight of God's first university, where the University of Utah is located, with a strong anti-Mormon faction, and a few Democrats, and now the Gay Capitol of the U.S.A., they asked for it!

The Mormon Republicans, actually, entertained the thought, that if they allowed gay marriages in Utah, that might get rid of the Utah Constitutional provision that said, marriage is a contract between a man and a woman, and might open the door for polygamy!  But . . . no, they decided to stick to their guns, and file suit or rather, an appeal, against the federal judges finding that a ban on gay marriage was unconstitutional under the 14th amendment.

Things were calm in our home, with a balance of power, that I too, could take on an old high priest, over an elder in the Mormon Church, and his grandmother, who was married to an asshole, married to another woman, got pissed one day, and had the Bishop marry her to a dead lover, as his wife!  You know, proxy baptisms and marriages!  Check out, the Colbert Report on Mormon Proxy Baptism of the Jewish Holocaust Victims.  LOL!

Me and my husband, moved to Provo, birthplace of the Church's, wanna be, Harvard of the West.  I started a master level, degree in Ancient Scripture Studies, wrote a paper on Mother in Heaven, her divine presence in the Book of Proverbs . . . while God created the earth . . . I was there, before the foundations, check out the Biblical Wisdom, always female!  I know that would blow the male ego that God only has one wife!  LOL!  Christ already told you not to have more than one, side stepping the twin relics of barbarism, slavery and polygamy!  Too bad, modern Mormon men and women, sorry to say, support polygamy, but only if you consider yourself, you know elite, righteous enough to live the principle . . . that is why I am making sure you know, I am not righteous, as far as I can get . . . don't even look this way guys, not going there!

The Utah Constitution Days; Tarp Money, and the Utah Legislature, Dealing with Polygamy . . . God, Lord?

So, I was taken out of commission for 10 years, an attorney now, but either poisoned or an alleged genetic disease, going after this woman's brain . . . nice target, boys!  But, at least, I was not dead, luckily, unlike, many others who take on the government, as I had . . . the males still found some level of fuckability, in the hot, 46 year old they poisoned, so I lucked out, but time if running out, Hooters is most likely winning.  LOL!  An aging, brainless beauty, maybe?  But, I came back like a Mormon male wrecking ball, unlike Mylee Cyrus, I kept my clothes on . . . but the effect was the same!

I had used the Utah Constitution once before, to take down the cops and prosecutors, with asset forfeiture legislation, that spread to 27 states; therefore, I had time, once I recovered from the alleged, terminal illness, and I am sure they regret, not just shooting me, at this point, but hit Utah politics hard, with partner, former civil air patrol, and civics teacher, Patricia Kent, a Tea Party member, from St. George, and printer, we put together a pocket sized copy, with legal contributions to show and train people on how the federalist system of republican form or representative form of government worked, complicated stuff, same stuff we are dealing with on the land issues, to help people, elected officials on the local and state level understand how the federal and state constitutions work together.

I got permission to put the Official State of Utah Seal on the cover, and Patricia did a marvelous job of designing a uniquely, Utah looking book, that resembled a Mormon Relief Society cookbook . . . way cute and totally, Utahan.  A collector's item by now, because, with the piece I put, that was originally a slam to the then, Utah Attorney General, Mark Shurtleff, who was a friend, and also asked me to run his campaign in 2000, if I wasn't going to run, wanted the new or 4th Congressional seat, that Chris someone got, 16 years after I purchased a home in St. George to set up residency, knowing that would be the region or the gerrymandered area, as the most conservative part of the state, that at this later date, after I recovered from my terminal, brain disease, was not electable, I didn't have a cocktail, with me, even though, all the great things on my resume were done while I was single . . . unelectable in Southern Utah!  

But, my Mormon sister, with 6 kids and a husband was a possible candidate, are you fucking kidding me, I have to have a dick attached to me, wouldn't I be more available to do my job, Shurtleff, who was anticipating running for Governor, would consider putting me in a cabinet position, or I would have to start at the city council level to even be looked at . . . I told the Republican women leaders, who were freaking out, due to the fact that it was the YEAR OF THE WOMEN IN POLITICS, that I just might be the Republicans opponent in the upcoming election for U.S. Congress, but I also found out that there were already 4 males to fill that position . . . so forget that!

So, I busied myself if other critical issues, like the plan, me and 15 St. George residents put together to get troops out of Afghanistan . . . I am sure my doubles have long claimed that one, since Hillary Clinton and President Obama, actually did get a copy I faxed from the Dixie State College, now University (?) fax machine, due to the fact that I hadn't touched a computer for 8 years, so I got to use the colleges computer lab, not bothered, since I did two free presentations for the college, one was filmed then dubbed over with my thinner twins body, but my teaching, Survivial Grammar, I learned while an English major at Weber State College, now University, but with the same college President, now Mormon general authority, pay off or the cover up?  I discovered another Joann S. Secrist, registered at the college, using my birth date and social security number!  This conspiracy is large and wide, no one in Utah, no involved, getting that way in Montana, a lot of Mormons here too, stepping on toes in Helena, Kalispell, Whitefish, and Missoula . . . about anywhere in the western U.S.

I Discovered, Polygamy Was Unconstitutional in the Utah State Constitution--Monumental!  Yahoo!  Total Ammo Against the Principle!

Excitedly, I approached, the then speaker of the House of Representatives, David Clark, Vice President of Zion Bank in St. George, sure he would share the same enthusiasm as me, seeing our attorney general, ran on the Republican ticket, and was going to clean up polygamy, the 70,000 just in the Salt Lake Valley alone, so I thought, wrongly, this would be great news and help the legislature and law enforcement proceed against the law breakers . . . In Utah, Church runs deeper than state, deeper than the constitutions, both of them, and you are starting to see my drift, Clive Bundy's upraising, and Utah founding fathers, who couldn't get the benefits of the Union, of the United States of America, unless they got rid of polygamy, which is forbidden, or was forbidden forever, but now removed from the document!

I naively approached Speaker Clark, a former BYU football player, about getting some new TARP money to fund a printing of the state's constitution and fun facts, providing copies for all members of the legislature, the city and county, governments, that should be using it as their bible for running state business.  I pointed out, what I think was Section 22, banning polygamy and also one banning the other relic of barbarism, enslavement--which are both elements of polygamy . . . he, like all good Mormon men, who believe like Muslims, that they are entitled to more than one Mormon pussy, just sat there silence, asked for a copy, which I provided, even before printing, thinking he would approach the legislature about funding copies for all elected officials, or at least give copies to the legislature at the opening ceremonies, as a monumental event, honoring our Utah founding father . . . no only no, but HELL NO!

Just when I thought I had the polygamy issue killed, dead, as the Great Salt Lake, with no outlets to the see, so all marriages officiated and sealed out on the Lake under allegedly Maritime or Admiralty Law were null and void . . . the answer from Clark came back, no, why?  I had no idea, it threatened the very fabric of the Mormon Church, the Mormon belief system, and God only knows, Heaven itself!  And that dastardly email, I converted to print in the Utah Constitution, Polygamy a Problem Then & a Problem Now . . . referring to the Warren Jeffs, FLDS, polygamist group in Texas, the XYZ Ranch, currently in the news, was the reason, many people happy to get their hands on this cute book, wanted their money back, when they read the actual history of statehood, the Reynold's case that challenged the clause as unconstitutional under the 1st amendment, freedom of religion clause, they lost, the Mormon Manifesto, the scepticism the nation had, not trusting the Mormon run Utah to clean up the problem . . . never did clean it up, it just went underground, to Mexico, Canada . . . and tunnels, like the ones just discovered out in the west desert, were created to hide Church and other leaders, who continued the PRINCIPLE, long after either the Manifesto, or the state's Enabling Act in 1896!

Connect the Dots, Brothers & Sisters, Not Hard to See Why I Got My Life Stolen, Why Clive Bundy and Crew Have Direct Access Into My Blog, and Use My Wealth, I Never Got, Against Me . . . I AM A THREAT TO THE MALE, MORMON PATRIARCY!  THEY CONSIDER ME THEIR PROPERTY!  GET ALL ACCESS, MONIES MADE, CASES WON . . . WE ARE BETTER THAN THIS AMERICA!

Sunday, May 11, 2014

FALSE FLAG ATTACK: SHELLEY SOUTHWICK, SOUTHWICK FAMILY, MORMON CHURCH, CIA, FBI & NSA--CLIVE BUNDY HAS NO AUTHORIZATION, WHATSOEVER TO POWER HIS BLOG BY ME, COLLECTING MONEY FROM AROUND THE U.S.A., BASED ON MY CONSTITUTIONALLY ORIENTED BLOG, CAREER--I HAVE NO CONNECTION WITH ANY OF THE ENTITIES I JUST MENTIONED, NOR BYU LAW SCHOOL, OR UTAH--CLIVE BUNDY IS A USEFUL IDIOT, A PAWN, TO GET YOUR SYMPATHIES, I WOULD NOT BE SURPRISED IF THE WHOLE SITUATION WASN'T STAGED, ARCO, CIA, CIA, CIA, ANYONE? WESTERN STATES CAN BLAME THEIR MORMON NEIGHBORS FOR AN AVERAGE OF 50% OF THEIR STATES' LANDS, OWNED WISELY BY THE UNITED STATES, DUE TO THE INSIDIOUS NATURE OF POLYGAMY, AN INSULT TO ANY THINKING MAN AND WOMAN, AS EGREGIOUSLY HORRIFIC AS SLAVERY, JUST SLAVER OF A DIFFERENT COLOR AND GENDER! I AM WITH GOVERNOR BOGGS, OF ILLINOIS, WHO ORDERED THE EXTERMINATION ORDER OF THE MORMONS, A CENTURY AGO! GIVE UP THE LAST OF TWO RELICS OF BARBARISM--YOU LOOK STUPID, AND YOU ARE!

Total Disclaimer To Any Association With The Southwick Family, The Mormon Church, Utah, BYU, The Utah State Bar, the United States Federal Court of the District of Utah, The CIA, FBI, or 30,000 Mormon Spies in the Utah Based NSA, All Acting As Arms of the Mormon Church, or CLIVEN BUNDY, Who Is Using My Blog to Power His Blog & Give Your Money!

If you go to the bottom of the Bundy Blog, down to the very bottom of the blog spot, you will see the words, Powered by Blogger . . . if you click on the orange word, blogger, it will go directly to my blog, but without my picture, my bio information, and most likely censored by the Mormons, you know the "V" chip, parents can put in to monitor what their children look at . . . well, that is not the way I operate, I figure if you don't like swear words, don't read my fucking blog!  And in doing so, you throw out the baby with the bath water!  And that is pure stupidity! 

Any wonder why the CIA or FBI can't catch the thieves of my case money, blog money, or my son's music, because the CIA, FBI, NSA, SOUTWICK FAMILY, BYU, UTAH STATE BAR, FEDERAL DISTRICT BAR, IS THE MORMON CHURCH!  Be very careful . . . this is Sunday, so I am going to add scripture, be wise as a serpent, and gentle as a dover!  The great imitator wants your soul . . . the Mormons, through Mitt Romney, Brock and Rice, alleged God's Revolver and Maraloka, want your soul, they are battling for the world . . . and they need me and you to do it!  

Fear not, they are not smart enough to do this alone, so they steal, rob, cheat, hid, lie, imitate, copy, so you will think that the Mormon Church is so wonderful, denying their century long, dirty little secret--FUCKING POLYGAMY, THAT FUCKED ALL WESTERN STATES, THAT SECOND PROPHET OF THE MORMON CHURCH HELPED COLONIZE OR SETTLE, ALL ABOUT THE ALMIGHTY PENIS AND THE STUPID PENISETTES, THAT PANDER TO THEIR FUCKING LIES!

Why That Dumb Ass, Governor Gary Herbert, That is Crowing Like A Rooster With a Dozen Hens Supporting Him, Won't Prevail . . .

Utah is bragging that the Utah Legislature just passed a bill telling or demanding that the federal government has to turn all 66% of the land in Utah, under the control and ownership of the United States to Utahans--well, not hard considering the source, all Mormon, Republican Legislature--wow, I am not impressed, and they are stupid to boot!  This is grandstanding, but with no merit or legal authority to support their breach of contract, or violation of their own Utah Constitution, or the United States Constitution . . . not a surprise, Mormons think they are above the law, they believe in the exceptions to the 10 Commandments, and they are law breakers . . . look at Clive Bundy!  Not my guy!  Not on my payroll, no connections, should be prosecuted for communications fraud, wire fraud, identity theft, listening to that stupid ass sister, who wants to be me so bad, her twad hurts!

I reside at 521 Hartman Avenue, #1, Missoula, Montana, with Tony Ostemierer, on the payroll, my landlord for the next few days . . . he was a Mormon for 2 years, until his wife didn't go along, probably with polygamy!  After I wrote my blog on the government infiltrating, he brought my attention to some guys who allegedly is undercover, and is really, none other than, President Obama's, campaign manager, Jim Messina, of Bozeman, Montana . . . I guess they wanted to set me up on that one, and thought I would make a fool of myself, by putting it in my blog, like Tony suggested I do . . . I know who President Obama's campaign director is and was . . . I voted for Obama, helped him against Mitt Romney!  

The whole Obama administration was on my gmail account, just days before the November 6th or 7th, 2008 elections, after the NSA, shut down my other gmail account, Joe Bidden, Michelle Obama, David Axelrod, and Jim Messina, were all immediately put on my list, before I had a chance to do anything or get other contacts, so . . . sorry, CIA and FBI cover operatives, you are the stupid ones, who keep underestimating me!

Utah & Other Western States, Might Have Had An Argument Under the 14th Amendment, Equal Protection Clause, Uniform Operation of Laws

Under the United States Constitution, Article I, Section 8 (1) . . . all duties, imposts, and excises for the common defense and general welfare shall be uniform throughout the United States.  While not dealing directly with federally managed land, the concept is a generally accepted on under the Constitution, that of equality between the states, being treated similarly, not discriminating against any state, prejudicing any state, or being unfair . . . these go to the basics of the Constitution, the principles and concepts.

In Clive Bundy's video, teaching the U.S. Constitution, he states, that each man is sovereign, that all states are of equal standing under the United States, you can see, that each state has a boundary, and each county has a boundary . . . the sheriff is the only person with any authority over the sovereign individual, and the United States is basically, just a relic from history back when the British Empire fought American colonies, and nothing more . . . so that is why he doesn't recognize the federal government; he did not get that from me, the U.S. Constitution, nor the state of Nevada Constitution, nor any oath that a sheriff has to pledge to obey.

He and apparently, the whole fucking state of Utah, who only recognizes the Mormon Church, dictating what all the entities I listed above, who are working as arms of the Church, now my troubles in Utah are making more sense, all these entities, only recognize the posse comitatus, nor the United States Constitution, that actually expects a separation of church as state, not a state sponsored church or rather a state sponsored by the Church . . . scary, scary business, that is why, all states, settled by Mormon pioneers, which is all western states, with a massive colonization effort by Brigham Young, both the President of the Mormon Church and the Governor . . . are you seeing the historical errors that have perpetuated throughout the centuries . . . of stinkin thinkin!

Sections that Suggest Equal Protection for States--In State's Favor

Under the heading, powers forbidden to Congress, Article I, Section 9 [6], No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall . . . ; therefore, Congress can't prejudice or discriminate, or have preference, one state over the other.

The Error in Bundy's Constitutional Lesson and Analysis--He Just Can't See Any Mention of U.S. Government Powers

Well, Mr. Bundy, the Constitutional scholar you are . . . NOT, try reading Article I, Section 8 [18] under the section on the powers of Congress, it says they have the power to make all laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof . . . hello, BLM or Bureau of Land Management!

Going onto the property clause . . . under federal-state relations . . . Article IV, Section 3 [2] The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Stick to ranching, Mr. Bundy, you are not trained or adept at interpreting the U.S. Constitution, and I would hate to have you lead the citizens, the militia, law enforcement astray, and lead straight to national suicide! Do not get pissed and think I am an elitist, or constitutional law snob; however, constitutional law is the most complicated law to interpret, that is why we have the U.S. Supreme Court do that . . . but I guess you don't recognize them . . . you are close to Mexico, you can practice polygamy down there with Mitt Romney's family!

Utah Tax Payers, Save Money, These Are Other Sections That May Count Either For or Against the State, If the Statute or Bill Just Passed, Ends Up in Court

This particular section has to do with powers forbidden the states . . . Article I, Section 10 [1], No state shall . . . pass a law impairing the obligation of contracts . . . the constitutional conventions, lay out the contractual agreement between the United States or federal government and the state, sets the boundaries and proportions of the state that will be under the control of the United States government or management, as authorized in the sections above!  Each state has an Enabling Act, that sets the time, date, and signatures of the signers, representing both the state and the federal government, prior to statehood.  So, by passing a law to take back all federal land, you are essentially in breach of a contractual agreement with the federal government, making you in violation of this section, thus in error!

Going on along the same lines of reasoning, Article I, Section 10 [2] states that no state shall . . . and all laws shall be subject to the revision and control of Congress.  Furthermore, Article I, Section 10 [3] states, that no state shall . . . enter into any agreement or compact with another state, so I would advise you, state of Utah, Montana, Idaho, Nevada, and Wyoming, with your coalition, to watch what you are doing, you have no authority to do it, as far as I see!  Be careful, Clive is not your best authoritative source . . . a little bit of knowledge can get you into a whole, hell of a lot of trouble!

The 2 Ton Elephant in the Room, Is Polygamy, A Condition For Statehood, in Utah!  You Are So Fucking In Breach, It Is Sickening!

Historically, you look at the map, provided by the Sutherland Institute, or EndFedAddiction.org, cutting the United States in just less than half, with the western states, having 50%, on average, of their individual states under federal control, while their neighbors to the east, even including North & South Dakota, with one of them sharing the same year their state constitution was ratified, 1889, the same year as Montana . . . so what made the difference, with less than 5% of ND being under fed control?  

At first I thought, it had to have something to do with the Civil War, or the Louisiana Purchase, something, what was it . . . the Civil War was only part of it, but it dawned on me, that as the Northern and Southern states battled over slavery and states' rights, polygamy was rearing its ugly head, first in the east, then moving with the alleged Saints west . . . the twin relics of barbarism, slavery and polygamy!  Colonizer, Prophet and Governor, Brigham Young, second prophet for the Mormon Church, while having headquarters in Utah, sent settlers into every western state, spreading the disease of polygamy all throughout the western part of the United States!

Utah Fought For Statehood, Roughly 50 Years!  Forbidding Polygamy Forever, Was A Condition For Statehood--Utah Is In Breach of its Contract With The United States!

The Civil War actually started ideologically before war actually broke out.  Southern states wanting slavery, wanted more states rights or to separate from the northern states.  The Civil War started in 1861 to 1865, with Lincoln being elected to office in 1860.  But the struggle between the sections of the Union of states, started way earlier than that, with the north not wanting the extension or expansion of slavery spreading into the western territories; they were opposed to expansion into U.S. territories, under President Abe Lincoln, who rejected secession as legal.

The Emancipation Proclamation, was passed with ending slavery as a goal, also seeking to stop the spread of slavery; seeking slavery as incompatible with Republicanism or the U.S. and state based property system, protected by the Constitution . . . and if we take the logical extension of that doctrine, women were not the property of men, either, incompitable!  The war was also fought to exclude slavery from conquered territories, like those acquired after the Mexican American and American Indian Wars!

The United States was under the scrutiny of Europe, that recoiled at the horrors of slavery, as read about in the book, Uncle Tom's Cabin, that came out in 1852!  So while all this was going on, Joseph Smith and the Mormons were under the radar screen, or not on the boiler plate yet!  Northern states felt that without allowing slavery into the expansion or territories of the U.S., slavery would end or die out.  At the same time, you had slaves escaping southern states and running via underground to northern states for protection and freedom.

Southern states believed it needed to expand slavery, and wanted to populate the U.S. territories with slave trade.  Republicans, denounced the Dred Scott, decision, stating that slaves were the property of their white masters . . . in 1863, President Lincoln, to take away the advantage slave owners on plantations, had, passed the Homestead Act, giving property free, to help even the score, and encourage people to do without slaves.

After the decisions, southerners felt free to take their property, including slaves, and considered this a states right issue; northerners rejected slavery, and it was offensive to them to have slaves treated as property, and said that southerners, couldn't bring slaves into free states or territories.  Dred Scott, angered northerners and bolstered southerners.  States rights, or sovereignty, always a means to an end, an instrument to achieve a certain goal or move a principle. We have the same goals by Bundy and crew, goal is to avoid paying federal grazing fees, and promote there posse comitatus beliefs that are not right with the constitution or its basic principles, concepts, and is incompatible with the United States.

The Mormons Entered The Salt Lake Valley in 1847, Right While This Was Going On--Johnson's Army Came Into Stop It!

Just like Bundy, the early pioneers reacted the same to being forced to give up their property, or women folk.  My great, great, grandfather, stole 1,000 head of cattle from Johnson's army, so it had to leave for lack of food, early Mormons were just as obnoxious as the Bundy crew, just as lawless, and had to fight 50 years for statehood, due to not giving up polygamy, until they were forced to.  The Utah Constitution was approved and Enabling Act signed, in 1896; however, due to persecution and prosecution, threatened seizure of Mormon Temples, the Prophet Woodruff Wilson, magically had a revelation, called the Manifesto, ending polygamy . . . but not really, allegedly in 1890, six years before statehood, with the condition that polygamy be forbidden forever!

Polygamy, in all western states, continues to this day!  The Mormon Church continued to seal spiritual wives to men, out on the Great Salt Lake, allegedly circumventing the law, under Maritime or Admiralty Law--nice, you have to have navigable waters, or an outlet to the sea, like a port . . . Great Salt Lake is a Dead Sea!  I heard the other day, that there is a polygamist community, 30 miles outside Missoula, Montana.  Idaho, used to have a law on the books that no person connected to polygamy in anyway, could hold a public office . . . that was still on the books as late as the early 1990's while I was working for Professor Ray Jay Davis, who was trying to get rid of the religious test oath!

Brigham Young was considered the great colonizer, and polygamy is still practiced in all the states, from Montana, Wyoming, Colorado, New Mexico, west!  If these states are serious about getting or controlling federal land within their borders, they better get serious about getting rid of polygamy, not coddling it, through their legislatures, like Utah, who just took the section in the Utah Constitution, totally out of the whole thing . . . just up and walked away, like $118 million, of my contingency fees, into Mitt Romney's campaign money!  Women are still property, I guess the slave relationship still exists . . . my blog has been stolen, my cases, my house, my law practice, vehicles, furniture, all by the Mormon hierarchy, they know I fucking hate polygamy, now they try to get me married off to a polygamist!

The Price For Western States Control of Federal Land, May Be to Tame Your Penis!  Polygamy is Forbidden Forever!




I'M RETIRING MY POISON PEN, AND PASSING THE WEAPON OF MASS DESTRUCTION ON TO MY FOUR KIDS--REALLY HAPPY MOTHER'S DAY--PARTING SHOTS: (1) WESTERN STATES SHOULD NOT GET FEDERAL LANDS BACK WITHOUT GIVING UP POLYGAMY, BRIGHAM YOUNG SENT SETTLERS TO ALL WESTERN STATES WITH AN AVERAGE OF 50% OF EACH STATE CONTROLLED BY THE FEDERAL GOVERNMENT, STATES NOT COLONIZED OR SETTLED BY MORMONS, PROTECTING POLYGAMY, EASTERN STATES--ONLY HAD 5% FEDERAL CONTROL--MESSAGE, GET RID OF ONE OF THE TWIN RELICS OF BARBARISM, SLAVERY AND POLYGAMY; (2) MODEL SHERIFFS IN CALIFORNIA STAND UP BIG FOR THE CONSTITUTION, WEPT HEARING THEM SPEAK, DEFEND CONSTITUTIONAL RIGHTS OF CITIZENS; AND (3) KEEP ON ROCKIN, GOD BLESS AMERICA! GOING TO BIKE, HIKE AND RUN, THE MOUNTAINS ARE CALLING ME! HAPPY MOTHER'S DAY TO THE WORLD OF MOTHERS--NEW BEAUTIFUL WORLD, THE HANDS THAT ROCK THE CRADLE, ROCK THE WORLD!

The Best Thing A Father Can Do For His Children, Is LOVE THEIR MOTHER!

This morning was the most rewarding Mother's Day, I think I have ever had, heard from three of my four children, my youngest son, wild red-head, who stole fire from the God's, bass guitarist for God's Revolver and Maraloka, Elliot, had a birthday last week, so I am sure, that is my contact for the next year, from a kid who is off to the four winds, and I never know where he is, or what he is up to, unless I just happen onto his name, as CEO of his own company, like my oldest daughter, Greta, discovered while researching black lung disease, and finding her little brother was the CEO of Black Lung Inc. . . . what?  Of course, it could be worse, once Elliot was looking through recent arrests in Utah, looking for his cousin, Isaac, and low and behold, there was his mother's mug shot, so I will count my blessings.

Report from the Moab/Bundy Field--Spies Within, Greta & Dallas--Navy Slam Team!

Greta Secrist Hyland, and her husband, Dallas, of The Southwest Journal, called from the Moab, Utah war zone, where one of Clive Bundy's sons, was signing copies of the U.S. Constitution, pocket copies--I guess the son doesn't hold the same disbelief in the existence of the United States, and at least he is not teaching constitutional law from the trenches, with the militia members, who showed up in mass to respond and support, so clown ass idiot and his cronies, to ride ATVs up a road that has been closed by the BLM, after several locals and others raided sacred artifacts from Indian burial grounds!

Greta and Dallas were alarmed, and interviewed a sheriff, who was standing by with several of his deputies, who stood and watched while the marauders tore up the dirt roads, while the sheriff and his men, just watched.  Dallas interviewed the sheriff or a deputy, and said, aren't you guys suppose to defend federal laws that were being violated, right as they were speaking--we'll yeah, but we are peace keeping, laughed a drove off.  In defense of the sheriff, who has a job to be a peace keeper, definitely, I reminded her that is actually part of his job, and the situation may not merit, or call for that response, with the powder keg, that was brewing up there with the militia . . . that might be the right move, then arrest them, when they get home, without all their friends, charged and ready for a fight.

For every action, there is an equal reaction . . . back a year or two, 5 people were stormed by BLM and federal agents, and arrested for taking artifacts they should not have . . . one guy, died of a heart attack or something like that.  That was the heavy handed government tactics used to terrify the participants, while law breakers, this was totally uncalled for; therefore, I would say, while the militia is flexing their muscles, straight off what they consider the Bundy Ranch, show of force, justified or not, but constitutional for sure, they are in their minds, taking down or responding to a tyrannical government, who has been out of control for a while, martial law and all.

Saul Alinsky's 12 Rules for Radicals--Rule #1.  Power is not only what you have,  but what the enemy thinks you have!

While the cops are increasing in militarization, thinking that these scruffy, unorganized, militia, can't do anything against their machines, guns, even tanks . . . really, I am hear to tell them differently, they have no idea what they are up against!  Law enforcement may have the muscle, but they don't have the brains . . . paid officers, can't compare to those who bleed, red, white and blue!  Lately, you have a bunch of retired or forced into retirement generals, corporals, and other military brass, who are refusing to go along with the attempt to, what constitutes taking Americans hostage, or firing on them, or using martial law against citizens, or training for the alleged time they will need it.

There guys are life time Marines, Air Borne, Army, Navy, Air Force, and Special Forces, just in civilian clothes, and much more organized than the paid 20 to 25 year old set, playing week end warriors, pushing citizens around, for fun . . . these guys are back woods, nitty gritty, down and dirty, country boys, who are used to hunting, tracking, shooting, catching and skinning their prey, and guess who that prey will be, if there is a conflict?  Yes, you got it, those paid youngsters who are not smart enough to see who they are up against trained, combat ready, hard core, military personnel, from previous wars, and we are not talking peace keeping missions!

My friend is a 17 year, Marine vet, who was talking to a neighbor, and they were talking about how they wanted to end their lives . . . this 79 year old, Harvard, Quantico trained, that is where the FBI is trained, career, military officer, wants to die, taking out at least 12 of what he would call the enemy, meaning our own guys, who are terrorizing the citizens.  Others, sleep with revolvers under their pillows, Navy, and listening to revolutionary music, about killing them before, they take our guns!  This friend said he is going to take out at least 5 when he goes . . . and they are not pansy ass, chubby cheek kids, who have glamorized war, guns, and tanks . . . they have driven tanks, fought bad asses from around the world, and they don't take lightly the threats of government agents.  

Just a word to the wise . . . my deceased, Intelligence Corp Marine husband, shocked me, when we could tell there was increased and unnatural activity up around out cabin, looking like feds putting up surveillance or listening devices on communication towers, and he said, I will blow them off the whole mountain, and he pulled a navy green, army container out of his orange Bronco, that his father bought him, the day he returned from Vietnam, Allan Rex Bess, also known as the man from Skoots Creek, who lived in the hills above Panguitch Lake, for three years after his father died, growing his hair down to his butt, running with mountain lions, coyotes, foxes, and other wild animals . . . crazy motherfucker!  Good luck!

Daughter, Nicole, Working With Congressman To Get Tax Breaks Given to Teachers, for Home Schoolers--Cost Up to $4,000 for Materials!

Second daughter, Nicole, Air Force, special missions to Saudi Arabia, military linguist, #1 in her Spanish class, at Monteray Language Training, has traveled to 23 countries, did SEAR School, POW training, almost a master degree in International Relations, worked for Republican County Commissioner--husband, Army, linguist in Arabic, master degree in counter-intelligence and terrorism, my grandson, Yuri, could say the ABCs in English, Spanish, German, and Arabic, before he was three!  She is a little conservative spit fire . . . gifted student since 1st grade.

Nicole is finding herself being appointed the spokes person for the home schoolers, in the Washington, D.C., area, trying to coordinate with a congressman, trying to pass legislation, to allow tax breaks for those teaching their children, at home, just as teacher in the public school system, get, spending their money on students, in their classrooms.  There are a ton of home schoolers, in West Virginia, from liberals, to blacks, to conservatives, just want their children to get the best education they can.  They are rejecting Common Core . . . and other government promoted programs, they feel are not in the best interest of their children!

Nicole, unlike her mother, is modestly, saying, but why am I getting sucked into being the spokes person, the one to educate, meet and write for the congressman--probably, because you have experience working with the county commissioner, getting baseball and soccer fields in, dealing with constituents, plus you are brilliant, beautiful, a confident woman, take charge, and secure in your abilities, and the reasons you are home schooling your children . . . what more do you need?

Nicole and her family, are trying to sell their house in Ashburn Village, and move to a more rural area, a new area, but with a city council and mayor.  She joked with her husband, at dinner, in front of the kids, that maybe she would run for mayor.  The next thing she knew, Yuri, her oldest son, very smart, beyond his years, was telling everyone, that his mother was going to be the next mayor of the town they are moving to . . . and she would be a great one!

The Brother of Elliot, My Oldest Son, Who Won't Let Me Write His Name In My Wild Blog, Guilt by Association, Is the THINKER, Up to Good, We Just Won't Know Until He Does It!

Anyway, a great, rewarding morning.  Like Texas Hold em . . . you've got to know when to hold them, and when to fold them or lay them down!  My children were given a ton of freedom, to do with their lives, what they want to do . . . and they have been more amazing, than I could have ever have tried, thought, or coerced them into being . . . I can't wait to see, what they do with their beauty, brilliance, ability, brains, freedom, law abiding natures . . . they had a very responsible, rock of Gibraltar father, you could tell the time of day by, and their unpredictable, wild, loose cannon of a mother . . . only time will tell, what these very balanced, cool, people, my favorite people in the world do . . . amazingly fun!

On this Mother's day, I want to say, and I know it is a cliche, that, my children are truly, the crowning jewels of my crown as a mother and person!  What an honor, that God, had enough confidence to send HEAVENS BEST TO ME TO RAISE, TEACH, TRAIN, AND LET GO, TO DO THEIR OWN PATHS, GOD WANTS THEM TO TRAVEL . . . GOD, BLESS THEM ALL, THE WORLD HAS 4 CRITICAL THINKERS, WHO WILL MAKE THE WORLD A BETTER PLACE!

HAPPY MOTHER'S DAY!

One Word Frees Us Of All Of The Weight Of Life: That Word Is Love . . . Sophocles




Saturday, May 10, 2014

WHISKEY IS FOR DRINKING AND WATER IS FOR FIGHTING--YOU CAN TAKE MY HUSBAND, BUT YOU CAN'T TAKE MY WATER--MONTANA'S BATTLE WITH NATIVE AMERICAN INDIANS OVER THE FLATHEAD IRRIGATION PROJECT AND WATER RIGHTS, OR THE SALISH--KOOTENAI WATER COMPACT, NOW IN COURT, BUT SHOULD IT BE; IT VIOLATES THE U.S. CONSTITUTION, THE MONTANA STATE CONSTITUTION, IN PARTICULARLY THE ENABLING ACT & MONTANA STATE STATUTES, GIVING WATER RIGHT HOLDERS 10 YEARS TO REGISTER THEIR WATER RIGHTS WITH THE COUNTY OR COUNTIES--STATES CAN'T MAKE TREATIES, ALLIANCES OR CONFEDERATIONS WITH THE INDIANS; MONTANA OWNS ALL GROUND WATER, SPRING WATER, SURFACE WATER, ETC.; INDIANS GET THE BENEFIT AND USE OF THE LAND ON THE RESERVATION, PLUS WATER TO MEET THEIR NEEDS, THAT STILL HAVEN'T BEEN QUANTIFIED, INCLUDING GROWTH, PLUS UNLIMITED FISHING IN TRADITIONAL WATER WHOLES, BOTH ON AND OFF THE RESERVATION, AS FULL CITIZENS OF BOTH THE INDIAN NATION WITH JURISDICTION RESIDING WITH THE U.S. GOVERNMENT ALONE, THEY ALSO GET THE PRIVILEGES AND RIGHTS OF CITIZENS OF THE STATE OF MONTANA, THE HELLGATE TREATY IS THE CONTROLLING DOCUMENT OR CONTRACT WITH THE INDIANS, SAVE MONTANANS $55 MILLION IN WATER PROJECT REPAIRS ON THE RESERVATION! THE LAW IS THE LAW, CONTRACT IS CONTRACT, EVEN IMPLIED!

HELLGATE TREATY OF 1855: Implied Contract With Appurtenant Water to Meet Needs
Prepared for Senator Verdell Jackson, by JoAnn S. Secrist, J.D.
Constitutional Law Attorney, Member of the United States Supreme Court Bar
September 25, 2013, at Super I, Kalispell, Montana


WATER COMPACT = CONTRACT TERMS + IMPLIED RIGHTS CONNECTED TO USE, OCCUPATION & BENEFIT


Contract law: offer, acceptance and consideration on the part of both sides
  • CONSIDERATION IS SOMETHING OF VALUE ON EACH SIDE
  • implied contract: using services which would indicate a contract, rational basis that rights connected to contract are valid, those things necessary to carry out the terms of the contract
  • you have to look at the entirety of the treaty, history, intent, constitutionally, fiduciary responsibilities of federal government, relationship with states, and with tribes
  • this was to provide the Indian tribes with a viable homeland, in exchange for the Indians to cede, relinquish and convey their property
OFFER
  • UNDER THE COMMON DESIGNATION OF THE FLATHEAD NATION, WITH VICTOR, HEAD OF THE FLATHEAD TRIBE, AS THE HEAD CHIEF OF THE NATION
  • that implies water sufficient for their needs for use and occupation of the said confederated tribes
  • reservation was surveyed and marked out for the exclusive use and benefit of said tribes
  • however, the right to all citizens of the United Sates can enter upon and occupy as settlers any lands not actually occupied and cultivated by said Indians at that time and not including in the reservation above named
  • free access to nearest public highway, right in common with citizens of the United States to travel upon all public highways
  • exclusive right of taking fish in reservations
    • waters that will sustain salmon and fish indigenous to the stream running through and bordering the reservation
      • now tribes can’t sell oil, gas and coal leases, then cry foul when the water is polluted, they have an implied duty to protect their own water systems
  • right of taking fish at all usual and accustomed places, in common with citizens of the territory
    • may imply state fishing license and limits
  • of erecting temporary buildings for curing--imply water those buildings might need?
  • privilege of hunting, gathering roots and berries, and pasturing their horses and cattle upon open and unclaimed land
    • this may imply a need for state hunting license?
ACCEPTANCE
  •   in consideration of the above cession, the United States agree to pay to the said Confederated tribes of Indians, in addition to the goods and provisions distributed to them at the time of signing this treat the sum of one hundred and twenty thousand dollars in the following manner:
    • first year after ratification, thirty-six thousand dollars, under direction of the President, in providing for their
      • removal to the reservation
      • breaking up and fencing farms--implied agricultural water rights
      • building houses for them--water rights for home use
      • and for such other objects as he may deem necessary  
        • as things unfold on the reservation--open clause for future growth; however the U.S. Supreme Court has said that is hard to quantify, due to the fact that land may never be sold, projected growth may not occur
          • money is to be applied to the use and benefit
          • under the direction of the President, who may from time to time determine, at his discretion, upon what beneficial objects to expend the same for them
          • and the superintendent of Indian affairs, or other proper officer, shall each year inform the President of the wishes of the Indians in relation thereto
    • the United States further agree to establish at suitable points within said reservations:
      • agriculture and industrial school, erecting the necessary building, keeping the same in repair, and providing it with furniture, books and stationary,--water
      • blacksmith shop, attached tin and gun shop, carpenter’s shop, wagon and plough maker, for the instruction of the Indians in trades, and to assist them in the same
      • sawmill and flouring mill, keeping the same in repair and furnished with the necessary tool and fixtures, medicines and furniture, and to employ a physician
      • to erect, keep in repair, and provide the necessary establishments to be maintained and kept in repair as aforesaid, and the employees to be kept in service for the period of twenty years
        • water rights implied--even though the term of agreement is for 20 years, water rights attached or needed, would not stop after the time allotted
      • pay $500 per year to selected chiefs, so long as them may be elected to that position by their tribes, and no longer
    • all expenditures and expenses contemplated in this article of this treat shall be defrayed by the United States, not deducted from the annuities agreed to be paid to said tribes
    • nor shall the cost of transporting the goods for the annuity payments be a charge upon the annuities, but shall be defrayed by the United States--NOT MONTANA!
  • THE PRESIDENT (not governor of Montana) may survey into lots, assign families as are wiling to avail themselves of the privilege, and will locate on the same as a permanent home, on the same terms as the sixth article--obvious implied water right
  • tribes promise to be friendly with all citizens, commit no depredations upon the property of citizens
  • shall one or more of them violate this pledge, and the fact be satisfactorily proved, the property take shall be returned, or in default, or is injured or destroyed, compensation may be made by the Government out of the annuities
  • nor will they make war with other tribes, but will submit all matters of difference to the Government of the United States, same with for depredations to citizens
  • tribes agree not to shelter or conceal offenders against the laws of the United States, but deliver them up to the authorities for trial (DUI, Montana state legislator?)
  • Bitter Root Valley, above the Loo-lo Fork, carefully surveyed and examined, in judgement of President, to be better adapted to the wants of the Flathead tribe than the general reservation provided for in this treaty, may be set apart as a separate reservation for the said tribe--no part of this area opened to the settlement until such examination is had and decision of the President made known


TREATY OBLIGATORY UPON CONTRACTING PARTIES
  • treaty submitted to Senate of the United States for their constitutional action
  • confederated tribes constituted a nation under the name of the Flathead Nation, signed 16th day of July, 1855


Winters v. U.S. 207 U.S. 564 (1908)
  • Water rights were impliedly reserved for Indians, sufficient water to fulfill purposes of the reservation, or the land would be useless.


Arizona v. California, 373 U.S. 546 (1963)
  • United States Supreme Court, in this case, mentions many of these factors in quantifying water rights for the Indian tribes:
    • agricultural purposes
    • past use
    • tribal history
    • uses that promote tribal culture--Montana Constitution does mention, the states one obligation is to promote Indian culture in schools
    • present and future population--courts have struck that down, hard to determine, if it happens at all . . . so still connected to
    • proposed master land use plan
    • list is not exclusive
      • latitude to determine tribal water rights
      • a difficult and time consuming process
    • water rights vested at the time the reservation was created and the treaty ratified


Antoine v. Washington, 420 U.S. 194, 199 (1975)
  • Statutes construed in favor of the Indians.  Indian lands . . . unsold was not restored to public domain, retained status as Indian lands--lands retained for the benefit, federal water rights inherent of that status
  • only feasible and fair was in which reserved water for the reservation can be measured is in irrigable acreage


U.S. v. Dion, 476 U.S. 734, 738 (1986)
  • United States Supreme Court has required that “Congress’s intention to abrogate Indian treaty rights be clear and plain.”  1904 agreement does not expressly or impliedly surrender any water rights for unsold lands that the lands held prior to the enactment of statutory intent.


State of Wyoming v. U.S. Department of Justice
McCarren Amendment, 43 U.S.C. 666
(Hope I got that citation right--can’t read my writing from yesterday!)
  • reservations for use and occupation
  • statutes in Wyoming in securing water rights
  • irrigation of such lands as shall remain of said Indians within territory or reservation (ceded)
  • ceded land was restored to Indians--tribal ownership
  • lands sold from Indian allotees reacquired for Indians
  • implied water rights, federal reserved water rights for Indians (Winters v. U.S. 207 U.S. 564 (1908)


WALTON RIGHTS
  • U.S. intended to reserve necessary water--once established may not be lost


INDIAN WATER RIGHTS AND THE FEDERAL TRUST RESPONSIBILITY
By Robert Anderson, Natural Resource Journal, p. 399--Vol. 46.


Courts are all over the place--GOAL SHOULD BE TO SATISFY THE TRIBAL NEEDS--bottom line
  • courts should award sufficient water for other uses that make the reservation a viable homeland
  • should give more rather than less
  • include water for: domestic, commercial, municipal, industrial purposes
  • preserve fish and wildlife
  • should actively seek partnership with Indian tribes and protect tribal resources
  • broad homeland purposes in addition to advancing the PIA standard for reservations with agricultural purposes
  • instream flow to protect on and off reservation fishing rights
  • there is a fear that courts might manipulate legal standards to reduce tribal shares to water and protect non-Indian uses
    • opt for settlement negotiations to quantify their rights
    • focus of courts may put emphasis on protecting federal treasury and less rather than moral obligation
  • can provide substantial economic benefits to tribes


CONCLUSION
  • success--federal government assist and encourage negotiations
  • provide lion’s share of funding to implement agreement and negotiated settlement
  • take into account inequitable treatment in the past
    • historical water context
    • transparent analysis of the tribal claims to water, tribes deeds, potential federal liability, and other benefit to settlement
  • support pre-litigation to arrive at solutions


PERSONAL, HOPEFULLY EDUCATED OPINION


  • Hellgate Treaty itself, implies other uses beyond only agricultural purposes
  • the treaty, when taken in the contextual foundation of other United States Supreme Court cases, really, if you connect all the dots, covers all aspects of the landscape or menu of cases
  • Montanans, Indian tribes, and U.S. Government Officials, need to do the homework necessary to reach an agreeable settlement
    • plain language, intent and history are the clue to an implied contract, which is totally consistent with the stream of U.S. Supreme Court cases up to this point
      • we are where we are . . . now save the time, money and energy
    • this is not an all or nothing thing--treaty suggests otherwise
  • in any good compromise, parties give up something and parties get something--nobody gets to be 100% happy
  • use the guiding principles of the courts listed here--and by no means exclusive, but a good overview
    • attorneys on both sides have the background, knowledge and hopefully good faith to do what it takes to pull off a successful settlement agreement
    • this is not about ego, but what is right . . .
  • get rid of bad actors, don’t need them, not warranted--have clean hearts and hands in this--futures depend on it
  • truly believe Cowboys and Indians will save this country, don’t have time for in-fighting
  • the law is the law, is the law--we are where we are!!!!!!
  • Get it done . . .


Sincerely,
/s/JoAnn S. Secrist, J.D.