Outpost of Freedom blog

The Harassment of the Hammonds
Act II – Decade of the Nineties
Scene 3 – February 28, 1997 – May 21, 1997

Gary Hunt
Outpost of Freedom
April 14, 2016

This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond.  It is about the abuse, by government agencies, in the two decades prior to the first fire.

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing File Part II” pdf file.

So, now that R. S. 2477 has been brought to their attention, FWS Portland has to deal with this significant disruption to their plans. On February 28, 1997, a cover sheet and draft opinion {97-102} directed to Forrest Cameron at Malheur. The draft was prepared by “Chief, Division of Realty”, in Portland. It has notations, apparently made by those at Malheur.  I think that the entire “draft opinion” is worthy of our attention.

Memorandum

To: Refuge Manager, Malheur NWR

Through: Refuge Supervisor, OR/WA/ID

From: Chief, Division of Realty

Subject: Malheur NWR Realty Opinion No.  2  Hammond Ranch Stock Driveway: A Revised Statute (RS.) 2477 Claim ? Continue reading ‘The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 3 – February 28, 1997 – May 21, 1997’ »

The Harassment of the Hammonds
Act II – Decade of the Nineties
Scene 2 – June 28, 1994 – February 20, 1997

Gary Hunt
Outpost of Freedom
April 11, 2016

This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond.  It is about the abuse, by government agencies, in the two decades prior to the first fire.

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing Part II” PDF file.

After the appeal was denied, Dwight chose to pull out the big guns.  His attorney, on June 28, 1994, filed Notice of Appeal with the Department of the Interior, Office of Hearings and Appeal {20-24}, in Arlington, Virginia.

On July 18, The Solicitor’s Office of the Department of the Interior, Northwest Region (Portland) filed a Motion and Memorandum to Dismiss the appeal {25-48}.

On July 15, 1994, the Office of Hearings and Appeals docketed the Appeal {50-51}.

On July 19, the Office of Hearings and Appeals acknowledged the receipt of the Motion to Dismiss and set August 5 as the date for Hammond to respond to that Motion {52}.

On July 21, Hammond’s attorney responds, citing the information contained in the Notice of Appeal as authority for the Office of Hearings and Appeals to hear the appeal {53-54}.

During this process, chronologically, another factor comes in to play.  Though the entire case is included with the documents, the Order for Summary Judgment {56-73} is included.  It appears that the Hammonds had filed against the Water Resource Department of Oregon and the Water Resources Commission, State of Oregon.  The action was to restore historical water rights at the “Bird Waterhole”. Continue reading ‘The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 2 – June 28, 1994 – January 22, 1997’ »

The Harassment of the Hammonds
Act II – Decade of the Nineties
Scene 1 – February 18, 1994 – June 9, 1994

Gary Hunt
Outpost of Freedom
April 8, 2016

This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond.  It is about the abuse, by government agencies, in the two decades prior to the first fire.

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing Part II” PDF file.

Six years prior was the last record in the eighties.  The first correspondence in the Nineties, dated February 18, 1994, refers to a letter dated June 1, 1993 {2}, from Forrest W, Cameron, Refuge Manager.  However, the records obtained have no copy of the June 1 letter.  The February letter suggests that the June letter had responded to a violation of the conditions of a Special Use Permit, and the because of that violation, that no Special Use Permit would be issued for the 1994-95 grazing season.

This letter is to notify you of my intent to not reissue a Special Use Permit to you for haying and grazing privileges on Malheur Refuge. This decision will be effective beginning with the 1994-95 haying and grazing season.

My proposal to make this decision is based upon a pattern of lack of compliance with refuge regulations over several years, and more recently the trespass of several hundred head of your cattle and your total disregard for the integrity of the new boundary fence in the Webb-Knox Spring area of Malheur Refuge. After a formal warning to you in my letter of June 1, 1993, stating that further violation of any refuge regulations could jeopardize your refuge permit, you have violated those regulations again. Continue reading ‘The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 1 – Feb. 18, 1994 – June 9, 1994’ »

Burns Chronicles N^o 19
Property?

Gary Hunt
Outpost of Freedom
April 6, 2016

Count 6 of the Superseding Indictment reads:

(Depredation of Government Property)

(18 U.S.C. §§ 1361 and 2)

On or about January 27, 2016, in the District of Oregon, defendants SEAN ANDERSON and JAKE RYAN, aided and abetted by each other, did willfully and by means of excavation and the use of heavy equipment on lands of the Malheur National Wildlife Refuge, property of the United States, injure and commit a depredation against such property, specifically, an archaeological site considered sacred to the Burns Paiute Tribe, resulting in damage in an amount exceeding $1000, in violation of Title 18, United States Code, Sections 1361 and 2.

I have provided Jake’s name, though the government still has his name blacked out on the Indictment.  The statutes cited are:

18 U.S.C. § 1361: Government property or contracts

Whoever willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows:

If the damage or attempted damage to such property exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than ten years, or both; if the damage or attempted damage to such property does not exceed the sum of $1,000, by a fine under this title or by imprisonment for not more than one year, or both.

and Continue reading ‘Burns Chronicles No 19 – Property?’ »

Burns Chronicles N^o 18
1984

Gary Hunt
Outpost of Freedom
April 4, 2016

Count 5 of the Superseding Indictment reads:

(Theft of Government Property)

(18 U.S.C. § 641)

On or about January 15, 2016, in the District of Oregon, defendants JON RITZHEIMER and RYAN BUNDY, willfully and knowingly, did steal, purloin, and convert to their use and the use of another cameras and related equipment, the value of which exceeded $1000, which is property of the United States government, in violation of Title 18, United States Code, Section 641.

The Statute cited is:

18 U.S.C. § 641: Public money, property or records

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or

Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted –

It is important to understand what the government has charged Jon Ritzheimer and Ryan Bundy with.  It may be clear from the Statute that the requisite for it to be a crime is “to convert it to his use or gain.”  So, to be sure that we are looking in the right direction, here are a few definitions from Black’s Law Dictionary, Fifth Edition:

Steal.  The term is commonly used in indictments for larceny (“take, steal, and carry away”), and denotes the commission of theft, that is, the felonious taking and carrying away of the personal property of another, and without leave or consent of owner, and with the intent to keep or make use wrongfully.

Stolen.  Acquired or possessed, as a result of some wrongful or dishonest act of taking, whereby a person willfully obtains or retains possession of property which belongs to another, without or beyond any permission given, with the intent to deprive the owner of the benefit of ownership (or possession) permanently.

Theft.  A popular name for larceny.  The taking of property without owner’s consent.  The fraudulent taking of personal properly belonging to another, from his possession, for from the possession of some person holding the same for him, without his consent, with intent to deprive the owner of the value of the same, and to appropriate it to the use or benefit of the person talking it.

Larceny.  A rather lengthy description, with the significant element being “felonious intent“.

So the taking of the property must be for keeping, depriving the owner of the benefit of ownership, and must be felonious in intent. Continue reading ‘Burns Chronicles No 18 – 1984’ »

Burns Chronicles N^o 17
“a speedy and public trial”

Gary Hunt
Outpost of Freedom
March 29, 2016

Is it for the government to interpret the Constitution, or is it for We, the People, to interpret that document, which, as is so clearly stated in the preamble, approved by us, through conventions of representatives in all thirteen then independent states under the Articles of Confederation?

There can be little doubt that Congress, the Executive, and the Judicial, must, in many instances, determine the intent of the Constitution.  The same was true under British rule.  However, when the government interpretation reaches the point of a gross deviation from intent, we cannot leave it to the government for that interpretation.  For, to do so allows the government to bypass the Amendment Process described in Article 5, and simply pass whatever laws they want.  When that happens, the Constitution is no longer in effect, and we are subjected to nothing less than a despotic government, failing to be government created by the Constitution, rather acting as an oligarchy, with no regard to the limitations imposed upon them by the Constitution.

So, in a larger sense, it must evolve to us, when the government so grossly misapplies those powers and authorities granted to it by the Constitution, to take, again, the reins of government, and to force those who claim to represent us back into their limited authority, by whatever means necessary.

The events in Harney County, Oregon, have brought a rather interesting light upon the actions of government.  So, we will begin by comparing some of their actions to historically recognized abuses, and then the remedies evolving out of those prior violations of our natural rights. Continue reading ‘Burns Chronicles No 17 – “a speedy and public trial”’ »

The Harassment of the Hammonds
Act I – Decade of the Eighties
Scene 5 – May 2, 1988 – May 9, 1988

Gary Hunt
Outpost of Freedom
March 23, 2016

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing Part I” PDF file.

In a letter from Fish and Wildlife Services, dated May 22, 1988, on letterhead, though, apparently never sent {107-109}.  It is a response to Dwight’s plight, after his meeting with Shallenberger, and references that meeting. There is no indication of who edited the document. The strike outs (light and by pencil) in that draft that are quite telling:

I am writing in response to your formal appeal regarding actions taken by the Service to regulate Your cattle trailing operation at Malheur National Wildlife Refuge. I have reviewed the correspondence surrounding this issue and have discussed the topic at length with staff from the refuge and Regional Office. I have also discussed it with Rob Shallenberger following his visit to your ranch. I’d like to express my appreciation for the courtesy you showed Rob and the information you shared with him. I’m sorry that I did not have the time available in my schedule to make the trip to Malheur myself.

After thorough review of this situation, it appears that there are some points on which we agree and others on which we do not. The Service acknowledges that the trailing route around the lower (west) end of Bridge Creek has been used historically, dating back well before you acquired the adjacent BLM allotment. We also agree that the movement of the boundary fence to the legal boundary has made your trailing operation more difficult and more costly. I will also agree that the Service took action to construct the new fence without full consultation with you and in conflict with what you believed was appropriate. I will also agree with you that the recent cooperative reseeding program with the State has the appearance of being initiated to bolster arguments in favor of maintaining the boundary fence. Continue reading ‘The Harassment of the Hammonds – Act I – Decade of the Eighties- Scene 5 – May 2, 1988 – May 9, 1988’ »

Burns Chronicles N^o 15
So, what is the Law?

Gary Hunt
Outpost of Freedom
March 21, 2016

It is appropriate to start off with some Constitutional wisdom from the Father of the Constitution, before we proceed.

It poisons the blessing of liberty itself.  It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow.  Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

James Madison, Federalist N^o 62

In the previous article, “Which Came First, the Rooster or the Egg?“, we were focused on the original charge, violation of 18 US Code § 432, which was the charge in the original Indictment, dated February 3, 2016.  Though the government did the intimidation, the defendants are charged with that crime, there is nothing to demonstrate that the defendants intimidated or threatened anybody.

Just over a month later (I guess it took the United States Attorneys that long to try and find something a little more, well, tenable, to charge the defendants with), a Superseding Indictment was filed on March 8, 2016.  It is with Count 2 of the Superseding Indictment that we will be discussing, here, along with both logical and historical perspectives. Continue reading ‘Burns Chronicles No 15 – So, what is the Law?’ »

Burns Chronicles N^o 14
Which Came First, the Rooster or the Egg?

Gary Hunt
Outpost of Freedom
March 20, 2016

Sorry about the play on words, however, in looking for a title for this article, it seemed appropriate to choose the rooster instead of the chicken, as the rooster has a specific role in the relationship.  The egg, however, is a birth, a creation of something new — that will continue to grow, eventually replacing both the rooster and the chicken, in the scheme of things.

Perhaps a few words from the Father of the Constitution might be appropriate:

[The government] can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society.  This has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together.  It creates between them that communion of interests and sympathy of sentiments, of which few governments have furnished examples; but without which every government degenerates into tyranny.  If it be asked, what is to restrain the [Government] from making legal discriminations in favor of themselves and a particular class of the society?  I answer: the genius of the whole system; the nature of just and constitutional laws; and above all, the vigilant and manly spirit which actuates the people of America- a spirit which nourishes freedom, and in return is nourished by it.
If this spirit shall ever be so far debased as to tolerate a law not obligatory on the [Government], as well as on the people, the people will be prepared to tolerate any thing but liberty.

James Madison, Federalist No. 57

Now, the original, and then only, charge against those in Oregon that participated in the opening of the Malheur National Wildlife Refuge to the public, was 18 US Code § 372.  This law was first enacted during the Civil War.  It was the 1st Session of the 37th Congress Lincoln had already called for 75,000 and suspended habeas corpus {page 1 of pdf}, before the law was enacted.

The law was first introduced on July 17, 1861 {2}, just over three months after the war had begun), and:

“provides that if five or more persons within any State or Territory shall conspire together to overthrow, Or to put down, or to destroy by force, the Government of the United States; or to oppose by force the authority of the Government of the United States; or by force to prevent, hinder, or delay, the execution of any law of the United States; or by force to seize, take, or possess any property of the United States, against the will, or contrary to the authority of the United States, or by force, or intimidation, or threat, to prevent any person from accepting or holding any office of trust, or place of confidence, under the United States, each and every person so offending shall be guilty of a high crime.”

The act was supported by Mr. Trumbull {7} when he provides a couple of examples in which this law, being far short of Treason, is to punish those who have committed specific acts against officers of the government.  In one example, he speaks of a case in Missouri where “a number of persons, by threats of violence and intimidation, prevented a postmaster from performing the duties of his office.”  He provides another, more general, example, of “route agents” were deterred from performing their duties.

In both instances, there was a “victim”, either the “postmaster” or a “route agent”, and there were specific acts that kept them from their duties. Continue reading ‘Burns Chronicles No 14 – Which Came First, the Rooster or the Egg?’ »

The Harassment of the Hammonds
Act I – Decade of the Eighties
Scene 2 – October 24, 1986 – March 20, 1987

Gary Hunt
Outpost of Freedom
March 1, 2016

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing Part I” PDF file.

On October 24, 1986, Dwight Hammond met with the Tom Downs, Dave Johnson, and the Assistant Refuge Manager, to discuss stray cattle and “trailing”, the means of herding to move cattle from one location to another. Dwight discussed his practice during round up, and what he did with strays that were collected with his herd. {2-3} He didn’t think that he should notify people when he trailed his cattle, based upon “past prior rights and/or privileges”.

Apparently, a new policy was being implemented that placed even more obligations on an already hard working rancher.

When on the Refuge land, Dwight would allow his cattle to rest, and when they did, they grazed on grass that was not on his allotment. A Telephone Conversation Record, dated Feb. 13, 1987 {4}, provides notes of the conversation, within the agencies.

In a letter from Lawrence W. De Bates, Assistant Regional Director, Fish and Wildlife Services (FWS) {10}, dated February 20, 1987, based upon a meeting on the 17th, the follow-up implies that Dwight must move his cattle at a pace determined by the Refuge, and they should not graze off the assigned trail. He further defends the fencing within the Refuge “for wildlife management purposes”. Finally, he requires Dwight to get a permit to trail his cattle on the reserve. This is the first instance of requiring a permit to trail his cattle.

Dwight Hammond replies to the letter from De Bates, in a letter dated March 7, 1987 {14-15}. He explains that they had gone all of the way to Portland, with maps, to explain to De Bates what the problem was. He said that since the Refuge had stated that it had to be resolved at District, that the meeting was the only way to resolve the problem. He also questions whether De Bates was really paying attention, as he appeared to not understand just what the problem was. He then explains the problem, again, by stating:

WE WERE NOT ASKING FOR YOUR ASSISTANCE CONCERNING ANY GRAZING SEASON, OR TRAILING THROUGH THE REFUGE, BUT CONCERNING ACCESS AROUND THE PERIMETER OF THE REFUGE WHICH WE PERSONALLY HAVE USED FOR 23 YEARS, AND WHICH THE GENERAL PUBLIC HAS USED SINCE AT LEAST 1877, AND WHICH ACCESS IS THE ONLY GEOGRAPHICALLY POSSIBLE ACCESS AROUND THE REFUGE ON THAT SIDE, AND WHICH YOUR AGENCY BLOCKED BY CONSTRUCTING A FENCE OR FENCES ACROSS THE LAND, PROHIBITING ACCESS TO OUR AND U. S. LANDS, IN VIOLATION OF YOUR OWN REFUGE MANUAL.

WE REALIZE THAT OUR LAWS GIVE YOU THE “RIGHT” TO FENCE YOUR BOUNDARIES, BUT WE FEEL THAT IT IS CERTAINLY NOT THE INTENTION OF THIS FREE, DEMOCRATIC COUNTRY TO BE SO SINGLE-MINDED AS TO CUT AN EXISTING RANCH IN TWO, MAKING IT VIRTUALLY IMPOSSIBLE TO OPERATE AND THEREFORE PUTTING US OUT OF BUSINESS.

YOUR FINAL PARAGRAPH IS VERY DISAPPOINTING TO US ALSO, AS IT FURTHER AMPLIFIES OUR SENTIMENTS THAT YOU ARE TRYING TO REMOVE PERMITTEES FROM THE REFUGE FOR ANY REASON. OUR PROBLEM HAD NOTHING TO DO WITH OUR “PERMIT” ON THE MALHEUR NATIONAL WILDLIFE REFUGE, BUT AS A NEIGHBORING LAND-OWNER, CONCERNING THE UNREASONABLE AND UNBEARABLE POLICIES OF YOUR MANAGEMENT.

Dwight Hammond, in a letter to De Bates, dated March 12 {19-20}, tells of his meeting with George Constantino. He also explains the difficulty in working with people who seem to be “in the dark”.

I REQUEST THAT YOU, AT LEAST, ADVISE ME AS TO WHO IS RESPONSIBLE FOR YOUR PART OF THE COMING CALAMITY. IS IT YOUR MAINTENANCE MAN THAT FANTASIZES HIMSELF THE LOCAL FRENCHGLEN GESTAPO; OR YOUR LAW ENFORCEMENT PERSONNEL THAT STRAP ON THEIR SIDE ARMS TO PRANCE THROUGH OUR LOCAL, PEACE-LOVING, TAX PAYING, PIONEER COMMUNITIES (YOUR LIFE-BLOOD)?? THESE MEN MEET PEOPLE EVERY DAY WHO ARE HEIRS OF THE PEOPLE PUT OFF OF THE CHOICE GROUND IN THE COUNTY, TO RAISE AND PROTECT WILDLIFE. IN REALITY, PRODUCTION HAS DIMINISHED STEADILY, SINCE THE FEDERAL TAKE-OVER AND CONDEMNATION, EVEN BY ADMISSION OF YOUR OWN AGENCY PEOPLE AND PUBLICATIONS. I BELIEVE THIS REFUGE HAS IN EXCESS OF 180,000 ACRES, YET YOU PUT GREAT EMPHASIS ON SUDDENLY HAVING EXTREME INTEREST IN HABITAT, ETC., ON APPROXIMATELY 500 ACRES OF DRY, ROCKY HILLSIDE THAT HAS NEVER BEEN FENCED, UNTIL IT WAS DISCOVERED THAT I COULD NOT GEOGRAPHICALLY CROSS MY RANCH WITHOUT ACCESS THROUGH YOUR DEEDED LAND, WHICH I HAVE DONE FOR 23 YEARS, WITH NO PROBLEMS, AND THE HARNEY COUNTY MAPS VERIFY THIS PASSAGE AS HAVING BEEN USED SINCE AT LEAST 1877. – – OR, IS IT GEORGE CONSTANTINO, OR ARE YOU ACCEPTING FULL RESPONSIBILITY FOR THIS UPCOMING NO-WIN SITUATION, FOR ALL OF US, AND ARE YOUR SUPERIORS AWARE?

I AM GOING ACROSS, WITHOUT A PERMIT (MAYBE ONLY ONCE, I REALIZE), FOR YOU PEOPLE HAVE CREATED AN UNLIVABLE SITUATION FOR US, TOTALLY AGAINST YOUR OWN REGULATIONS, AS I HAVE ALSO TALKED TO MY ATTORNEYS. THEY HAVE ADVISED ME THAT I WAS MORALLY RIGHT, AND THAT THE LAWS OF THE UNITED STATES OF AMERICA WERE NOT INTENDED TO DO TO ME WHAT YOU PEOPLE ARE TRYING TO DO.

THIS MESS COULD ALL BE AVOIDED, TODAY, AND FOR TOMORROW, AS THE PROBLEM IS NOT GOING TO GO AWAY, BY USING THE OLD BOUNDARY FENCE, AS IT WAS ESTABLISHED WHEN THE REFUGE CAME INTO BEING. THIS MUST HAVE BEEN THE REASON FOR THE ORIGINAL BOUNDARY FENCE CONSTRUCTION WHERE IT WAS.

I DID ADVISE GEORGE’S SECRETARIES THAT I WOULD PHONE AHEAD WHEN I WOULD BE CROSSING THE REFUGE, TO REQUEST THE PRESENCE OF OUR LOCAL SHERIFF, BECAUSE HE WAS GOING TO BE NEEDED. YOU HAVE PUSHED ME THE TOTAL LIMIT!!

I WISH YOU WOULD LOOK AHEAD FAR ENOUGH TO GIVE YOUR PERSONNEL THE PROPER DICTATION FOR WHEN I START ACROSS THIS AREA IN MY USUAL MANNER.

I REALIZE THAT I AM SEEMING VERY NARROW-MINDED, ONE-SIDED, AND TOTALLY OBLIVIOUS TO THE LAW, BUT I HAVE LIVED WITH THIS EXTREME INCONVENIENCE FOR SEVERAL RECENT YEARS. YOUR NEW FENCE BEING IN PLACE, DOESN’T SEEM TO BE ENOUGH ANY MORE, AND YOU ARE NOT SATISFIED. AS TO GOING THROUGH THE “LEGAL” CHANNELS, THIS IS PROHIBITIVE, AS YOU ARE FIGHTING ME WITH MY OWN DOLLARS, AND I CANNOT AFFORD IT, OR WIN. HOWEVER, I WOULD STILL LIKE TO MAKE ONE LAST OFFER, AND WOULD PAY THE EXPENSES FOR YOUR TRAVEL, ROOM AND BOARD, TO COME AND PERSONALLY, PHYSICALLY OBSERVE THE PROBLEM, OR A REPRESENTATIVE OF YOUR CHOICE THAT WOULD HAVE THE AUTHORITY TO MAKE A REASONABLE DECISION, TAKING ALL FACTORS INTO CONSIDERATION. PREFERABLE THIS WOULD NOT BE GEORGE CONSTANTINO, BECAUSE, AS OF OUR MEETING THIS MORNING, HE IS STILL, IN MY WIFE’S AND MY OPINION, IN “THE DARK”, NOT KNOWING THE COMPLICATIONS OF THE SITUATION, OR EVEN AFTER ALL THIS TIME AND UPHEAVAL, THE LOCATIONS OF THE FENCES.

IN PRIOR COMMUNICATIONS, YOU HAVE USED THIS PROBLEM AS A THREAT AND ALSO, IT HAS BEEN PUT TO ME IN THE OFFICE AS A THREAT AGAINST ME IN REGARDS TO OUR REFUGE PERMIT. WE WOULD LIKE TO MARE IT CLEAR THAT THIS PROBLEM HAS ABSOLUTELY NOTHING TO DO WITH OUR BEING A PERMITTEE ON THE MALHEUR NATIONAL WILDLIFE REFUGE, AND IF I AM, IN FACT, REMOVED, AS A RESULT, AS YOU AND GEORGE HAVE THREATENED, THE PROBLEM WILL BE GREATLY AMPLIFIED.

P.S. NOTE – THIS IS IRRELEVANT TO THE PROBLEM AT HAND; BUT, MAYBE IT COULD BE ONE OF THE REASONS I WAS SO VERBAL WITH MR. CONSTANTINO. IN DEC., 1986, THE FIELD THAT MY CATTLE WERE USING AS A PERMIT IN THE REFUGE, HAD REACHED THE OPTIMUM LEVEL OF USE, ACCORDING TO REFUGE PERSONNEL, FOR BIRD HABITAT, AND I WAS ASKED TO MOVE MY CATTLE OUT EARLY. AT THAT TIME, I ASKED TO USE OTHER FEED ON THE REFUGE, AND WAS TOLD THERE WAS NO OTHER FEED AVAILABLE TO BE USED; HOWEVER, AS OF THE DATE OF THIS LETTER, THERE ARE STILL OTHER CATTLE ON THE REFUGE. I MUST DRIVE BY THIS ANYTIME I GO ANYPLACE FROM MY HOME, AND IT CAN’T HELP BUT CREATE A FEELING OF BIGOTED INJUSTICE. WE ARE TOLD THE ABSOLUTE DATE FOR REMOVAL OF ALL CATTLE ON THE REFUGE IS JANUARY 31. THIS IS MARCH 19. THESE CATTLE (NOT OURS) HAVE BEEN “TRAILING ” THROUGH THE REFUGE FOR A MONTH????

Dwight suggests that the Refuge, FWS, and the individuals involved are ignoring the problem, as well as violating their own regulations. He also points out that he is being held to these new restrictions while the cattle of others are allowed to graze, even after the close of grazing season.

The file has a hand written note and response, dated March 18 {23}, regarding Hammond’s letters. It also refers to “Constantino’s Report”, though that report is not in the file.

De Bates sends a letter to the Hammonds {25}, March 19, explaining that they are trying to find a reasonable solution, and that he is sending Sandy Wilbur to Malheur and that they should get together and seek that solution. Interestingly, a paragraph from that letters begins to give us insight into the priorities over the 186,000-acre preserve. It appears to “not set back vegetation rehabilitation” has become a serious concern in a “Wildlife Refuge”.

We acknowledge your need and right to trail cattle through the refuge over the historic route we discussed when you were here in the office. All we are asking of you is that you move your cattle through as quickly as possible so as not to use forage allotted to others and so as not to set back vegetation rehabilitation along Bridge Creek. We are not asking anything of you that we do not ask of other refuge users. It isn’t our intention to threaten anyone; our goal is only to achieve proper management of the resources entrusted to us.

Apparently, some headway has been made, as George Constantino sends the Hammonds a letter dated March 20 {30-32}. In the letter, it appears that there was a bit of concession on the part of the Refuge.

This letter is to document my verbal authorization to you to trail through the Refuge under the following conditions:

You may trail your cattle through the Bridge Creek area, entering, trailing through, and leaving the Refuge along the route marked in blue on the attached map.

We want the entire trailing operation to be done in one day.

Finally, you are to notify us at least 24 hours in advance before you begin trailing, so we may monitor your trailing operation.

However, Constantino manages to chastise and threaten Hammond, stating that unless they comply with the rules, they will not have the right, next year, to move their cattle without a permit.

To Be Continued

The Harassment of the Hammonds – Act I – Scene 1 – Introduction

The Harassment of the Hammonds – Act I – Scene 3 – April 2, 1987 – April 15, 1987

The Harassment of the Hammonds – Act I – Scene 4 – May 6, 1987 – April 22, 1988

The Harassment of the Hammonds – Act I – Decade of the Eighties- Scene 5 – May 2, 1988 – May 9, 1988

The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 1 – Feb. 18, 1994 – June 9, 1994

The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 2 – June 28, 1994 – Feb. 22, 1997

The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 3 – Feb. 28, 1997 – May 21, 1997

The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 4 – May 22, 1997

The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 5 – June 30, 1997 – Aug. 4, 1997

The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 6 – Feb. 25, 1998 – Jan. 12, 2004