[Stephen Wilson]

in reply to: Gold Enters Major Bull Market #2972

Gold $657.00
Silver $11.62
Gold/Silver Ratio 56.54
Gold/XAU Ratio 4.94

In the past few weeks OTC derivatives based on the subprime mortgage sector and other interlocking financials have sent a chill to the vibrant stock market. The market dropped over a 1000 points before the Fed injected billions and billions of dollars to stabilize confidence. It was an all out effort bringing into play all members of the Exchange Stabilization Fund.

It just seems that there will never be anymore financial problems that can’t be solved just as long as the Fed is the lender of last resort.

Who is the Fed? The Fed is a private company and not a government body. Presented below is a list of the owners of the 12 Federal Reserve Banks making up the Fed in this country:

Rothschild Bank of London

Rothschild Bank of Berlin

Lazard Brothers of Paris

Israel Moses Seif Banks of Italy.

Warburg Bank of Amsterdam

Warburg Bank of Hamburg

Lehman Brothers of New York

Kuhn Loeb Bank of New York

Goldman Sachs of New York

Chase Manhattan Bank of New York

The following comments were made by William Cooper and were presented on the internet at http://www.proutnewsnetwork.orgsometime in 2003.

1- Although the Fed is required to give back most of its profits back to the Treasury Dept., there is no organization that has the power to audit the Fed(not even the Congress or the IRS).

2- Every year, a few Congressman introduce legislation to audit the Fed, and every year, the legislation is defeated. The owners of the Fed are the most powerful, invisible lobbying power there is.

HISTORY OF THE FED

After several attempts to push the Federal Reserve Banking Act through Congress, a group of bankers funded and staffed Woodrow Wilson’s campaign for president. In 1913, Nelson Aldrich, maternal grandfather to the Rockefellers, pushed the Federal Reserve Act through Congress just before Christmas, when most Congressmen were on vacation. Naturally, President Wilson passed the Act when he was elected as a pay back to the bankers.

HOW THE OWNERS OF THE FED PROFIT AT OUR EXPENSE

The U.S. government runs a $400 billion dificit annually. To cover this, the U.S. government issues bonds which are bought by the Fed.

Since the Fed has the power to print money, it can buy any amount of the U.S. bonds at almost no cost, save for the expense of printing money. It costs the Fed 3 cents to print a $100 bill (Remember there is nothing pledged behind this money as there was once when the U.S. had a gold standard).

At this point, the owners of the Fed already profit $99.97 for every 3 cents they invested to print the money. Basically, they exchange something that cost almost nothing to them with the U.S. government bonds.

Since the Fed can not be audited by the IRS(or even Congress), most of this profit can go anywhere the Fed owners want to. BTW, did I mention that the profit is tax free.

Under the law, the Fed is required to return its profit back to the U.S. Treasury. However, neither the Congress nor the IRS has the power to audit the Fed. The Fed has used this obvious loophole to profit via ‘creative accounting.’

3- The owners of the Fed own the controlling interests in all major media in the U.S. Rockefeller, through Chase Manhattan bank, controls CBS and ABC and 28 other broadcasting firms. Each of the others owners of the Fed also has controlling interest in the U.S. media. This explains why the media have been silent about the Fed scam. The Fed fraud is the biggest and longest cover-up in the U.S. today.

4- According to Article 1, Section 8 of the Constitution, the U.S. Congress has the power to print money(The Congress shall have the power……to coin money, regulate the value thereof, and of foreign coin…). According to the Supreme Court, the Congress can not transfer its power to another organization like the Fed.

On August 8, 2005 Mr J.P. Schumacher at the Gold Rush Summit in Dawson City read a prepared speech by his partner, Mr. Ferdinand Lips who was unable to attend. In parts of that presented speech Mr. Lips stated:

There will be no more Federal Reserve. The central bank is the fourth in the country’s history. The former three ended in financial disaster. The organization has tragically failed. It has run the 1913 dollar to below 5 cents. I suspect that a revolution will take place against the Fed. It has made people poor.
————–

As human beings, there is an overwhelming desire to steal if they are not faced with audits in financial dealings.

Why hasn’t there been an audit of the U.S.’s gold reserves???

“Secrets destroy organizations”

[Stephen Wilson]

in reply to: Gold Enters Major Bull Market #2971

Gold $657.00
Silver $11.62
Gold/Silver Ratio 56.54
Gold/XAU Ratio 4.94

In the past few weeks OTC derivatives based on the subprime mortgage sector and other interlocking financials have sent a chill to the vibrant stock market. The market dropped over a 1000 points before the Fed injected billions and billions of dollars to stabilize confidence. It was an all out effort bringing into play all members of the Exchange Stabilization Fund.

It just seems that there will never be anymore financial problems that can’t be solved as long as the Fed is the lender of last resort.

Who is the Fed? The Fed is a private company and not a government body. Presented below is a list of the owners of the 12 Federal Reserve Banks making up the Fed in this country:

Rothschild Bank of London

Rothschild Bank of Berlin

Lazard Brothers of Paris

Israel Moses Seif Banks of Italy.

Warburg Bank of Amsterdam

Warburg Bank of Hamburg

Lehman Brothers of New York

Kuhn Loeb Bank of New York

Goldman Sachs of New York

Chase Manhattan Bank of New York

The following comments were made by William Cooper and were presented on the internet at http://www.proutnewsnetwork.orgsometime in 2003.

1- Although the Fed is required to give back most of its profits back to the Treasury Dept., there is no organization that has the power to audit the Fed(not even the Congress or the IRS).

2- Every year, a few Congressman introduce legislation to audit the Fed, and every year, the legislation is defeated. The owners of the Fed are the most powerful, invisible lobbying power there is.

HISTORY OF THE FED

After several attempts to push the Federal Reserve Banking Act through Congress, a group of bankers funded and staffed Woodrow Wilson’s campaign for president. Nelson Aldrich, maternal grandfather to the Rockefellers, pushed the Federak Reserve Act through Congress just before Christmas, when most Congressmen were on vacation. Naturally, President Wilson passed the Act when he was elected as a pay back to the bankers.

HOW THE OWNERS OF THE FED PROFIT AT OUR EXPENSE

The U.S. government runs a $400 billion dificit annually. To cover this, the U.S. government issues bonds which are bought by the Fed.

Since the Fed has the power to print money, it can buy any amount of the U.S. bonds at almost no cost, save for the expenseof printing money. It costs the Fed 3 cents to print a $100 bill (Remember there is nothing pledged behind this money as there was when the U.S. had a gold standard).

At this point, the owners of the Fed already profit $99.97 for every 3 cents they invested to print the money. Basically, they exchange something that cost almost nothing to them with the U.S. government bonds.

Since the Fed can not be audited by the IRS(or even Congress), most of this profit can go anywhere the Fed owners want to. BTW, did I mention that the profit is tax free.

Under the law, the fed is required to return its profit back to the U.S. treasury. However, neither the nCongress nor the IRS has the power to audit the Fed. The fed has used this obvious loophole to profit via ‘creative accounting.’

3- The owners of the Fed own the controlling interests in all major media in the U.S. Rockefeller, through Chase Manhattan bank, controls CBS and ABC and 28 other broadcasting firms. Each of the others owners of the Fed also has controlling interest in the U.S. media. This explains why the media have been silent about the fed scam. The Fed fraud is the biggest and longest cover-up in the U.S. today.

4- According to Article 1, Section 8 of the Constitution, the U.S. Congress has the power to print money(The Congress shall have the power……to coin money, regulate the value thereof, and of foreign coin…). According to the Supreme Court, the Congress can not transfer its power to another organization like the Fed.

[Dick Davis]

in reply to: Gold Enters Major Bull Market #2973

Dear Bluejay,

Your information sadly appears to be pre-WWII propaganda. The list of banks hardly own the Federal Reserve, and most don’t exit.

I would suggest: Google: Federal Reserve and you’ll find all the current information.

If you wish you can go directly to:

http://www.federalreserve.gov/generalinfo/faq/faqfrs.htm#5

Who owns the Federal Reserve?

The Federal Reserve System is not “owned” by anyone and is not a private, profit-making institution. Instead, it is an independent entity within the government, having both public purposes and private aspects.

Best regards,

Dick Davis

[Rick Montgomery]

in reply to: CDAA Conduct #2970

We’re all preaching to the choir at this point. The CDAA is celebrating their money, but their tail is between their legs since they know they “f”-ed up and got away with it. The courts are saying “ahem,” and ducking behind their robes. We’re sitting here saying woulda coulda shoulda and pissed about how they all screwed us. Being on a defensive position at this point won’t attrack a fly. This is why I’m starting a new topic. My guess is very few will even read this entry.

[martin newkom]

in reply to: CDAA Conduct #2967

Pure political raunch, not
ranch but RAUNCH!

[Don Jones]

in reply to: CDAA Conduct #2969

The most National issue I can think of is the simple statement “The petitions for review are denied” – Filed Aug-8 2007 (signed by George, Chief Justice of Calif. Supreme Court)- as announced by Mike Miller on 8/13/07. This doesn’t just “suck” it is the epitome of the “System” ignoring the constitutional rights of the “little guy” who does not have the necessary greed factor or money to participate in the system. I, and many others are behind you 100%, Mike. The money and drive required to take it to the U.S. Supreme Court, coupled with the same potential for a turn down (it was 95% against you in Cal.)renders it very difficult at best and virtually insurmountable at worst but I will certainly offer any moral, immoral, or even a little gold to help the cause should you choose to take this step.
Wishing you the best, Mike,
Don (and Dorothy) Jones

[Michael Miller]

in reply to: CDAA Conduct #2966

In the Supreme Court of California
En Banc
Michael M. Miller, et al,. Plaintiffs and Respondents
v.
Gale Filter, Defendant and Appellant

The petitions for review are denied
Filed Aug –8 2007
Frederick K. Ohirich Clerk

George
Chief Justice

[Stephen Wilson]

in reply to: Gold Enters Major Bull Market #2962

Gold $674.10
Silver $13.06
Gold/Silver Ratio
Gold/XAU Ratio

There is a crack appearing in the illegal shorting scheme of the gold stocks. This may be a sign of changing times.

For many months expert gold stock watchers have been complaining of all the phantom selling of gold shares without delivery being made.

US gold stocks have been effected but the most damage by the anti gold miscreants have been done on the Canadian gold related stocks.

In the past week a massive amount of buying pressure has been exerted on the most undervalued stock in the US. The company is Royal Gold and the shorts are in big time pain as the stock hit 32 this morning, up from about 24 in a matter of days.

If a total squeeze is in the makes for all the illegal shorting in the group combined with a continuing higher gold price all gold stocks will rocket higher and be the talk of the town.

[Rick Montgomery]

in reply to: CDAA Conduct #2965

Mike, and Don, and all of the rest of us out there, here’s how my letter will read (first draft and only conceptual at this point):

We, the people, do not want non-representation by vigilante appointment loose to willy-nilly apply political notions contrary to the intent of the law.

We believe that our representative Republic will be at risk should illegal representatives mount positions of power and remain unchecked.

We, the people, expect law to be upheld, not re-interpted to fit into gray-area motives.

We believe that the review of this case has merit, citing the above points: that a non-representative body is using its power to usurp the intent of the law to its advantage, without shame.

Reviewing the intents of everything in this case, one has no other conclusion to draw.

With respect, we expect the Court will rule upon the intent of the law and such application.

[SCOOP]

in reply to: Miscellaneous #2964

All of the miners in Alleghany offer prayers, hope, and good luck to the rescuers and condolences to the families and friends on the surface. May the Goddess of Mining protect those in danger in Utah.

Scoop does not watch television and has seen no television coverage about this tragic situation. Scoop just read two newspaper stories. For the sake of one of America’s most needed and dangerous occupations, an occupation that is known as vital to insure a free society, let’s look for the truth behind the tragedy and keep an open mind. America, through government guidance and industry enforcement and practices, has as safe a work environment as any country in the world. It is not by chance that this is true.

[SCOOP]

in reply to: CDAA Conduct #2963

Mike: barring your catastrophic objection, here it will go:

Your various Honors, et al it might concern:

Re: Gail Filter et al v Sixteen to One, Miller

The language of the law may well not lend itself to poetry, but
neither should it lead to @#$%ery.

The violence done to our native tongue, our native rights and my
tediously if incompletely acquired sensibilities by the Court of
Appeals in the above referenced matter screams for review and redress.

That a California citizen cannot question a lawyer’s authority, even
a prosecutor’s authority, without being deemed to have interfered
with free speech stands the anti-SLAPP concept on its head.

For the sake of the law, for western civilization, for any hope of a
common citizen’s understanding, embrace of and pride in that law,
please take a careful look at this case.

Neither of two superior court judges found the underlying question
frivolous. We citizens of Sierra County are interested to know how
lawyers who assume, perhaps to say usurp, our name to prosecute
friends and neighbors become immune from the plainly worded
requirements of the law. We consider the issue of sufficient import
that we are insulted to have it dismissed through a perversion of the
anti-SLAPP statutes. A decent respect for our intelligence should
prompt the Supreme Court to address those issues left moot by the
Appeals Court.

Don Russell
Editor, The Mountain Messenger, Downieville
Yellow journal muckraker and harpy for freedom

[martin newkom]

in reply to: Miscellaneous #2961

If these old foundery co. were
still around they could tell
some wonderful stories. There
were at least two in Marysville
the Empire and the Marysville.
The Empire made “Monitors” for
hydraulic mining; the Marys-
ville made flat-cars for the
lumber mills and at least one
steam engine for the “Meteor”
an early steamer on Lake Tahoe.

[marta card]

in reply to: Miscellaneous #2960

Hello! This is in response to request by Barry…
I am the Great Great Granddaughter of Charles Sylvester Card who started Card Iron Works. My father, Uncle and Grandfather all worked there. Feel free to contact me. I will try to find out any answers that you may have. My father & my uncle know a lot about the Iron works and love to tell about it.
We have quite a bit of documentation, catalogues, invoices etc. from over the years still in our possession.
Look forward to hearing from you. martacard@myway.com
By bn12595

07/15/2006 9:53AM
Hello,
I would like to find out more about my CS Card Iron Works Mine Car. Does anyone know if this company still exists?
Thank you so much for the help.
Barry

[Mark Reynolds]

in reply to: Clips from Alleghany #2958

This being the 16 to 1, waste rock here could be high grade anywhere else. The better question would be “Were samples of the waste assayed?”

[Stephen Wilson]

in reply to: Gold Enters Major Bull Market #2959

Gold $672.70
Silver $13.09
Gold/Silver Ratio 51.39
Gold/XAU Ratio 4.62

Rick

The term ‘short sale” is a type of order that is entered in the market place as opposed to a regular sell order or a buy order.

The short sale is a bet that the security or anthing else that is shorted will fall in price. To sell short means you sell something that is not yours. To facilitate the trade you have to make delivery so arragements have to be made with the broker to borrow the security or whatever is be replaced at a later date of your choosing.

For example: You think gold might have a bull market sell off. Gold is currently at $672. You sell short a 100 ounce contract at $672. The following week gold trades lower to $666 when you buy the 100 ounce contract back at that price.

The difference is $6 on 100 ounces which the contract represents which equals $600 profit to you minus commissions.

This is what you have done: By selling short(you borrowed a contract representing a 100 ounces of gold on the COMEX in NY)your account was credited $67,200. When you purchased the contract back at a lower price to replace the original borrowed contact your account was debited $66,600.

When your accountant does your taxes for the year he will see a buy at $666 and a sell at $672.

In today’s market this procedure of delivering borrowed stock or a gold contract, in this case, does not apply to everyone. Hedge funds get away with murder because no one saw fit to regulate them. In addition, OTC derivatives aren’t regulated either. It sounds like a license to steal, doesn’t it? It is!

Currently there is a law suit going to discovery with the plaintiff Overstock. com against some prime brokers. The crux of the matter is that certain prime brokers allowed naked short selling. Naked short selling is when someone sells something that they don’t own and do not make arrangements for delivery to the buyer.

Overstock.com has issued just over 19 million shares to the public and company employees but past buyers seem to own from 35 to 40 million shares of the Company that were purchased in the OTC market.

If our founding fathers were still alive people would be in jail for this criminal act. If you sell something on eBay and don’t deliver it to the buyer while taking their money, what do you think happens to you? I’ll tell you what happens, you are no longer permitted to use eBay and the police will be soon knocking at your door. This is called fraud.

Anyone willing to understand what’s been going on in the OTC trading in the Royal Gold stock over past months would only conclude massive amounts of naked short selling being permitted by prime brokers.

Royal Gold has one of the best business plans in the industry with the least amount of risk. Why has it been selected to have its price suppressed? One of its outspoken advocates and an advocate for gold ownership is being indirectly censured by the anti gold camp, plain and simple

Jim Sinclair calls this naked short selling criminal. It’s all being condoned by the new evolving Authoritarian Free Enterprise system which is all about power and profits with little to do with people like you and me.

Rick, the best time to sell short is on a fast rally in a bear market. Selling short to depress prices in a bull market, in time, will be catastrophic.

[SCOOP]

in reply to: Clips from Alleghany #2954

Yesterday was a record day at the mine. The crew working on the 800-foot level hauled 33 tons of waste rock (muck) from the headings. Ian expects them to reach and maintain about 50 tons per day. Just to remind you, the crew is running a raise from the 800-foot level to the 600-foot level on the quartz lens than contained the gold mined several months ago. This raise has a wing to the left and a wing to the right, so there are actually three faces to drill and break. Unfortunately, everyone expected to intersect the pay shoot by now. It has not happened, but the gold carrying lens remains strong with many of the indicators associated with high-grade gold visible.

The 800-foot level crew consists of four miners. Two work the raise and two are also advancing the level to the north into a major block of virgin vein. Drilling and blasting are quicker than removing the muck, which is slushed from the raise into waiting cars. At the level advance the broken quartz is loaded into cars with a mucking machine.

There are two electric powered trains (trammers) that pull the ore cars outside. While one train is driven to the portal, the other one is loaded. Both trains are pulling three cars. (Normally a trammer could pull up to six cars but there is a slight incline north of the Tightner shaft that limits the load.) Not far from the raise is a rail switch used to trade trains.

Flash!!! The lead miner working the raise just drilled into the 600-foot level. This will help ventilate the wing raises so the guys may be able to ignite the round during the shift. The way to find gold at the Sixteen to One is by breaking rock in favorable locations. The more rounds a shift, the sooner the gold. Good luck, miners.

[Rick Montgomery]

in reply to: Gold Enters Major Bull Market #2957

Simply put, “SHORT.”

I’ll leave it to Bluejay to explain.

All along, comsider the opposite in OAu…seeing the gold in hand is better than paper. Besides, it’s much heavier and feels solid.

[Stephen Wilson]

in reply to: Gold Enters Major Bull Market #2953

Gold $662.70
Silver $12.93
Gold/Silver Ratio 51.25
Gold/XAU Ratio 4.54

The 666 level on the gold chart continues to be the battle ground between forces of the righteous and devilish anti-gold villains on the COMEX.

The bullion banks unleashed their army of sellers just minutes ago and took gold down quickly from 666.50 to 662. Anyone with a brain doesn’t sell a market down this fast as waiting could easily produce a much better price.

The miscreants at the COMEX in New York aren’t interested in selling for profit as they are short sellers looking to create a panic sell off.

The COMEX market in gold is really just a paper market backed with some gold in a depository somewhere. Who audits them? Is the gold really there? Remember, the Commission that governs all Commodity and option trading in this country is a member of the Exchange Stabilization Fund. Remember what these guys are suspected of?

One wonders if the COMEX has gold in its depository as Dan Norcini reports today on jsmineset.com that there has been a 50,000 gold contact drop at the COMEX over the past 5 trading days and that gold holdings at streetTRACKS GOLD SHARES ETF (GLD-NYSE) are at a record high 506.69 tons.

One plausibale reason for so many contracts being closed out and possibly being put into a Gold ETF is that people might suspect that COMEX doesn’t hold the gold they say they do.

In the end it all comes down to where the physical gold is as opposed to the miscreants pounding gold down regularly on the suspected COMEX paper market.

If the COMEX traded physical gold like they do in London the story on gold’s last sale would be significantly higher without question.

Some years back Michael Miller mentioned to me that one of his friends wanted to take physical delivery of a maturing gold contract that he held at the COMEX and they were quite reluctant to deliver it to him. What does this sound like to you?

[SCOOP]

in reply to: Clips from Alleghany #2956

Scoop saw Ian after work at the village watering hole and asked your question, Mark. Ian laughed, “If it had any gold, it wouldn’t be graded waste. Yeah, it’s always a possibility because we know we’re in a gold area but if it does, none of us are professionals at our job. So I’m confident that this waste is waste.”

Mike directed Ian to drill and break the round in large pieces that work for stonemasons. Good quality building stone brings up to $500 a ton in some northern California cities. If the crew gets 50 tons a shift and half of that is masonry material, hmm is that $12,500?

[Mark Reynolds]

in reply to: Clips from Alleghany #2955

Does the waste rock have any gold values at all?

[Stephen Wilson]

in reply to: Gold Enters Major Bull Market #2952

Gold $664.20
Silver $12.82
Gold/Silver Ratio 51.81
Gold/XAU Ratio 4.46

Rick

It looks to me that gold has put in some solid footing in today’s US trading at the 660 level.

The gold stocks are moving ahead swiftly and look great. Last week’s weakness, most probably, was just a weekly anomaly in the serious march to much higher prices for the group.

It is clear someone or some entity or group of entities does not want gold to advance and seek its free market price. “Gold will have its revenge.”

The gold battles will continue each time the metal looks like it’s about to rocket under the $1000 level.

Use their selling tactics to improve your buying tactics.

Good Luck.

[Stephen Wilson]

in reply to: Gold Enters Major Bull Market #2951

Gold $660.50
Silver $12.67
Gols/Silver Index 52.13
Gold/XAU Index

If anyone is experiencing apprehension with gold continuing weak it is suggested that you read the following articles for an excellent education and some added comfort.

“The Evolution Of The Gold Market” posted at http://www.jsmineset.com and

“Gold and USDX” posted at http://www.kitco.com

[Stephen Wilson]

in reply to: Gold Enters Major Bull Market #2949

Rick

The serious long term buyers of gold with significant increasing profits over the past years couldn’t even give you a good answer to your perceived question.

I take a shot at predicting bottoms once in awhile when significant long term technicals are in place to increase the probability in my favor but for daily trading, I think Dan Norcini makes a masterful case of price analysis on a regular basis.

Dan is an acquaintance of mine and regularly makes contributions at the jsmineset. com website concerning support and resistance on a daily basis in the gold market.

The truth of the matter concerning cherry picking bottoms in gold or in any other market is that only a very tiny percentage of the daily and long term players actually do accomplish this.

I will give you some good advice: Scale down buying during sell offs in a bull market is the way to go. The lower the short term decline carries, the better the probabilities will favor you for an average price.

Never fear sell offs in a bull market. When it happens, go for a walk or go see a good movie. The manipulators can’t get to your brain in those places.

The miscreants really greased the bull slope last week with an excessive amount of short sales. Go to jsmineset.com and read Norcini’s Friday entry. I hope you enjoy the article.

[Rick Montgomery]

in reply to: CDAA Conduct #2950

I hinted at this term (one I just now fashioned) in my last entry to Bluejay. I stated that I wasn’t an “ecomomist”, and most probably figured I had my spelling wrong or that my key-board had failed. (Crush would be proud.)

So, I will define the term now:

Ecomonist: (noun) 1) one who defines one’s ecconomic situation by the success of others and defines one’s own success as another’s, keeping their success as the target for the eventual montetary redistribution; (2) one who studies how to achieve the above; (3) ibid, although “communist” is often the substitute; (4) the actions of a public sector entity bent on achieving through taxation and regulation that which could not be achieved within the private sector without such entity in place; (5) robbery; (6) a term disguised so well that if one has read this far would not recognize the motivation so clevery hidden in the name: environmental policy designed to distribute an ecconomic model based upon trumped-up eccologic pathology blaming humans for their own downfall while disguising it in a non-scientigfic model of importance, relegating the human above the creator of the very environment upon which they depend, or the ignorance of fact, that such scientific models ignore for economic gain the ongoing scientific realitity that this has already happened, many times before, keeping the “commonist” in chains for the fraudulent explanation; (7) the manipulation of truth to gain an eco-commonist outcome.

[Rick Montgomery]

in reply to: Gold Enters Major Bull Market #2948

Bluejay,

As you know, I’m not an eccomomist, but I watch everything and learn, many perspectives from you.

It struck me that you cite gold’s weakness trading where it is tonight, no doubt a relativity to all else, as you’ve so well pointed out.

Considering the Dow’s current quasi-correction today (5% vs it’s “support” at 13200), where does a weak gold market find it’s bearing?

[Stephen Wilson]

in reply to: Gold Enters Major Bull Market #2946

Gold $669.70
Silver $$12.97
Gold/Silver Ratio 51.63
Gold/XAU Ratio 4.48

The low on gold this morning was 666.50 as compared to a high of 688 two days ago. It is suspected, again, that the Exchange Stabilization Fund(ESF) is actively giving orders to their select bullion banks to crush gold’s price.

The ESF operates in secret. These people’s salaries are paid from our taxes and their operations routinely lead to daily raids in gold followed by weakness in the shares of gold companies. The anti-gold policies of this administration and previous ones have cost owners of gold companies untold billions of dollars.

Gold is despised by the government and all the people that have benefited from easy money. The banks and the Fed want it both ways: Consistently increase the money supply while consistently preventing gold from reaching its fair market value.

A fair market price for gold would certainly undermine confidence in people’s minds concerning the US dollar, considering that it has no gold backing. If that were to happen people might demand payment for the exchange of their goods and services in another form or atleast for the dollar to be backed by some amount of gold. If confidence were to erode the dollar would fall into an endless pit just like the Continental bills did.

So for this reason the owners of gold and gold related companies are destined to suffer a little longer as big brother continues to restrain gold from reaching its potential. Somewhere down the road the manipulators will run out of gimmicks and physical gold. IT WILL HAPPEN!

In time, the world’s wealth in gold will have been tranferred over to India, China and the Middle East. Russia who has been adding gold to their reserves for the past years will also be another rich country.

Where does that leave the US with their “deep storage” gold revserves at Fort Knox, West Point and in New York City. Of all the central banks in the world, the US is the only one that describes where their gold reserves are by the term “deep storage.”

The Senator from our district in Washington was asked about “deep storage” and she had no opinion except to repeat some mumbo jumbo that the Treasury had given her. If anyone knows where “deep storage” is for our country’s gold don’t hesitate, bring it on!

A dirty little secret may be that the country’s gold is gone and it has all been used up in the price suppression scheme over the previous years.

The reported western central banks gold supply has been declining for years as opposed to the remainder of the world’s central banks as a whole which have been steady and to increasing.

“The liberties of a people never were, nor ever will be, secure, when the transactions of their rulers may be concealed from them.” – Patrick Henry

[Stephen Wilson]

in reply to: Gold Enters Major Bull Market #2947

Gold $666.00
Silver $12.87
Gold/Silver Ratio 51.75
Gold/XAU Ratio 4.51

Following the A.M. market posting this morning gold continued lower until it stopped at the $660 level. Currently in the Sidney and Hong Kong markets gold is pushing higher from the New York close of $662.30 and is currently $3.70 higher.

Gold’s weakness is clearly defined to originate at the New York COMEX Exchange after the opening during the recent three days activities by a gold chart provided at kitco.com.

Rarely over recent times does the Asian markets gold price sell off. It is not until the New York COMEX market opens that the US handlers start directing their bullion bank toads to start jumping around with a handful of sell orders.

The reason for the aggressive gold selling over the past three days, probably by the Exchange Stabilization Fund, was for the following reasons:

1- An attempt to stabilize the US dollar Index at the 80 level.

2- An attempt to redirect attention from the weakening sub prime mortgage market and to show that people were not moving into gold for safety.

3- An attempt to support the stock market which was unusually weak today and to even show people that gold was a bad alternate choice for safety because it, too, was in moderate decline.

The psychological war on gold never seems to end but one day it will when it vaults through the $1000 level on its way to “going bananas” when it sets its sights on the $2000 level.

Jim Sinclair stated last night on his website that western central banks were speaking of selling gold during 1979 and 1980 when it advanced from $400 to $800 an ounce every other day.

Gold is in a generational bull market and due to these periodic vicious attacks will require, unfortunately, committed patience and fortitude.

[Stephen Wilson]

in reply to: CDAA Conduct #2945

It doesn’t take too much understanding to be aware of the growing number of crooks and abusers in our government and legal system.

This is what unbridled power and greed has led to. Sadly, people outside this country who read the real news understand this better than we do. Our way of life is being systemically destroyed and has been so for a good amount of time. Our legal rights and our currency’s buying power aren’t what they used to be.

The only financial hope for the common man is to own gold until positive steps are taken to stop and reduce the growing mountain of monetary expansion and debt.

In the background and through secret meetings plans are always being devised to take the public’s attention away from gold. Even today, western central bankers are speaking of more gold sales which depressed the metals price lower to the $670 level.

The major gold producing companies are freightened to take issue with the manipulation of gold for fear of some form of retribution and legal expenses against a well entrenched evil force, mainly the banks with the influence they exert on governemnt employed officials, along with the Fed.

Someday hopefully, a dynamic individual will surface and start a grass roots movement resulting in punishment to those responsible for abusing our legal rights, our right to invest in gold companies without the price suppression of its product and our way of living which is being assaulted by our fiat currency.

[martin newkom]

in reply to: CDAA Conduct #2944

I wish my uncle were still
around. He did mining law in
Nevada and he was a “whiz”

[Michael Miller]

in reply to: From the Sixteen to One Archives #2943

Office of
GEORGE F. TAYLOR;
County Surveyor,
Civil Engineer,
U.S. Deputy Mineral Surveyor,
Licensed Land Surveyor.
Downieville, Cal.
Nov. 10th, 1907

Mr. Jas. H. Hurin,
Los Angeles, Cal.
Dear Sir: –
On July 12th, 1907, I finished a survey of the South Fork Mine at Forest City, California, such survey consisting of a retracing and marking of the surface boundaries along the South side of the claim and a survey of the South Fork tunnel.
I had previously, during the past 13 years, made surveys of many of the adjoining mines, such as the Young American, Red Star, Osceola, Tightner, etc., and collected all the maps available of all mines in the district.
I have had access to the maps of the Bald Mountain Company, Bald Mountain Extension Company, Red Star Company, and Ruby.
The accompanying map is compiled from my own surveys and the above mentioned maps, and embodies all the data obtainable bearing upon the gravel channels and quartz claims in the district under consideration.
The South Fork Drift Mine is situated at Forest City, Sierra County, California, on Oregon Creek (one of the tributaries of the Middle Yuba River) at an elevation about 4400 feet above sea level.
The region abounds in ancient euriferous gravel channels of many different ages or periods, which may be distinguished one from the other by their different elevations, and the character of the material they contain. The most noted of these channels is the famous “Blue Lead” that can be traced from Southern Plumas County through and across the Western end of the South Fork Claim where it has been worked out.
The workings of the old Bald Mountain Mine were principally on this channel. This channel is colored red on the map. Another channel shown on the map in green, and marked “Deep Channel not worked”, runs through the Bald Mountain ground and into the South Fork. The presence and extent of this channel is determined at various places by developments made by the Bald Mountain tunnel, which crosses the channel in two places in both of which shafts were sunk into the channel. At one point a small portion of the channel was breasted (see map) and this breast is said to have been extremely well, but on account of the large amount of water in the channel, it was not practicable to work it through the 60 foot shaft from the Bald Mountain tunnel. This is probably the same channel as that marked “small channel” crossed by the South Fork tunnel, the difference in size being due to the fact that the Bald Mountain and Extension tunnels crossing the channel 60 feet above bedrock, shows the width between rims at that elevation, while the South Fork tunnel shows actual width of gravel.
This channel was worked by the Ruby people North of the Bald Mountain lines.
Another channel shown by dotted blue lines on the map leaves the Ruby Claim, where it has been extensively worked at a good profit, and extends through the Bald Mountain Extension, South Fork and Maple Grove, into the Red Star, where it has also been worked to a large extent, and where pay gravel is said to still exist in large quantities.
The Eureka tunnel on the Red Star Claim is now being re-opened for the purpose of working this gravel and developing the Tightner Quartz Ledge, which also crosses that claim.
The existence of this channel is shown first by the breasting in the Ruby Mine; second, by a drift from the Bald Mountain tunnel near its North end, and extending Easterly into this channel, where a shaft was sunk without reaching bedrock; third, by the Extension tunnel which crosses the channel for a distance of 1300 feet, where it was not bottomed; fourth, by a tunnel on the Maple Grove Claim (not shown on the map), which penetrates the rim of the channel but does not bottom it. Considerable gold has been taken from the rim gravel on this claim. Fifth, the workings on the Red Star. It will be observed that of all the openings mentioned, only those on the Ruby, where the channel still extends South, and those on the Red Star where it still continues North, were deep enough to reach the bottom of the channel. The other openings are too high.
A fourth channel shown as entering the Northwest corner of the South Fork has been worked by the Extension people to the extent indicated on the map. That portion within the South Fork lines was worked from the Bald Mountain Extension tunnel by means of an incline, having a vertical height of 65 feet above the tunnel.
Many expert gravel miners contend that this channel continues through the South Fork ground, substantially along the yellow line marked “Apparent course of South Fork channel”, as the channel had a trend in that direction as developed by the breasting above. Others maintain that this channel is a portion of the Bald Mountain channel, and should join the same just East of the “Dike” which crosses the South Fork line and that the continuity of the channel is broken by the channel shown in dotted blue lines, which being deeper, has cut out the other channel.
Mr. L. D. Davis, Mining Engineer, who made all the surveys for the Extension Mine, and Mr. Walter Lawry, Superintendent of that mine, hold to the former view, and I believe their opinion is worthy of consideration. In any event, it is absolutely certain that the gold originally in that portion of the South Fork channel below the point worked by the Extension people, is still on the South Fork Claims, either in that channel which continues intact through the South Fork claim, or contained in the deeper channel which (if the other channel is not intact) has cut it out.
It then appears that there is no question that a large body of pay gravel crosses the South Fork Claim, the only difficulty being to locate it. These old gravel channels often, if not always, show some evidence of their course upon the surface.
The Bald Mountain Channel may be traced on the surface from Forest City through the Bald Mountain Claim, and through the Ruby to the “City of Six”, where it breaks out into the North Yuba River, by following the lava cement which filled the original depression or valley of the stream when the first lava flow occurred.
The same indications show the South Fork channel following the yellow line marked “Apparent course of South Fork channel”.
Reference to the map will show that the face of the South Fork tunnel at the time of my survey, was within 400 feet of the channel. I am not informed as to the distance this tunnel has been extended since July 12, 1907.
QUARTZ VEINS
The quartz veins of Southern Sierra County has during the past thirty years produced several million of dollars, most of which has come from the two principal veins which I will call the Plumbago and Tightner veins. These veins can each be traced for several miles.
The Plumbago Vein has a Northwesterly course, with a dip of about 45° to the Northeast.
The most important mine on it is the famous Plumbago, situated about two miles South of the South Fork.
Nobody except the owners knows what the Plumbago has produced, but that it has been extraordinarily rich is well known.
During the past ten years the present management has taken out over a million dollars; probably $1,500,000 would be a conservative estimate.
North of the Plumbago are the Clute, Crafts and Hope Extension Claims (now part of the Plumbago property).
These three claims were formerly known as the Hope Quartz Mine, and were worked profitable many years ago. Adjoining the Hope is the El Dorado with a record of $150,000.
North of the El Dorado of the same vein is the Yellow Jacket, (owned by F. J. Hauber) and as yet undeveloped.
North of the Yellow Jacket is the Osceolo, one of the earliest locations in the district. It is estimated that over $100,000 has come from the Osceolo. The Osceolo is shown on the map.
From the Osceolo the Plumbago Vein enters the Red Star Claim.
The Tightner ledge runs in a Northerly direction with a dip of about 45° to the East. Its course is not exactly parallel with the Plumbago vein, but bears toward that vein going North.
The principal mines on this vein are the Rainbow, which has produced over $700,000 and is still turning out large quantities of bullion, and the famous Tightner Mine, which has attracted the attention of the mining world during the past two years.
If the Tightner and Plumbago Veins each continues its course going Northerly, they will unite on the Red Star Claim, and form one vein.
Many years ago, while the Red Star was being worked for gravel, a rich quartz ledge was uncovered at the point marked “Red Star Ledge”. Some ten thousand dollars was taken from a hole ten foot deep, and then work was discontinued on the vein, the gravel miners not appreciating at that time the meaning of the discovery.
About six months ago, a Company of Denver capitalists purchased this claim and are now re-opening the Eureka tunnel for the purpose of exploring this vein and working the gravel. It is apparent from a glance at the map that the vein is the same as the Tightner Vein, as it is practically on the same course. The survey of the South Fork tunnel confirms this opinion.
I found four quartz veins in the tunnel, only one of which is worthy of consideration as a possible continuation of the Tightner Vein. This is marked on the map as “Vein No. 1”. It is about 1-1/2 feet wide, has a strike of N. 12° W. and dips 60° to the East. The West wall is slate and on the East, 20 feet from the ledge is the serpentine. Its strike brings it directly in line with the Red Star discovery, practically on the line of the Tightner.
At the Tightner, the wall is slate, and the serpentine occurs from seven to twelve feet East of the vein- – conditions almost similar to the vein in the South Fork.
There is every reason to call this vein the Tightner ledge, and it should be exploited by drifts running North and South, particularly South toward proven ore bodies.
About 1800 feet of this vein exists between the South Fork tunnel and the North boundary of the patented Red Star Claim, which is subject to location as a quartz vein.

Respectfully,

GEO. F. TAYLOR
C. E.
Co. Surveyor
U. S. Dep. Min Surveyor.

[Michael Miller]

in reply to: CDAA Conduct #2942

To offer an explanation to Rick (following two entries):

OUTRAGE OR PARTICIPATION IN JUDICIAL DEBATE IS FOREIGN TO AMERICANS

We fight, feud and rant about the behavior of Presidents, Governors and Congressmen. But for lawyers, Americans crack jokes as if everyone knows the judicial players are inherently corrupt and always worth a laugh. Why bother pursuing this playground in America’s democracy? Lawyers lie and mislead each other, their clients and the Court. Judges, once appointed, rarely have an opponent in elections. Maybe they remember what it was like before they assumed the privilege of wearing the black robe.

It’s a word game and hard for most non-lawyers to play. Anyway if Joe and Jane average American get into it with “them”, they stick together against anyone wanting to rock their fraternity.

Or so it seems. In our case three lawyers working for Californians decided against the wisdom of many familiar with the law, facts and evidence of the proceedings that were appealed for their review. In the November 5, 2002 Election Ronald B. Robie, a candidate for California State Court of Appeals (District 3), wrote in his campaign literature, “Whenever an appellate court reverses, it almost always allows the trial court to rehear the case using the correct law and procedures.”

Ronald B. Robie continues in his published statement. “All justices are bound to apply the law whether or not they personally agree with it. Justices may not substitute their own ideas for what the law should be, but are bound by the federal and state constitutions, statutes, and other rules and regulations enacted by those with the authority to do so, including the State Legislature and the voters by initiative. Justices must enforce all laws without being swayed by public opinion. The Code of Judicial Ethics requires all justices to “be faithful to the law regardless of partisan interests, public clamor or fear of criticism….”

Well, dear reader, who will evaluate the veracity of now justice Robie’s pre election campaign statements? He will continue to be unopposed, and his name, like all unopposed judges up for election, will not only have no opponent but will not appear on the ballot. Boy, those good old boys in Congress and the Executive branch continue to protect the brotherhood of lawyers.

Rick, I know the outrage because people offer their outrage to me constantly. Where are the voices, our leaders? I don’t have the answer. It appears to me that those men and women that are intellectually and financially capable of changing the appalling state of the law remain silent. There are two non-profit foundations that profess to advocate for American constitutional freedoms. Lawyers run them. Both have expressed concern for SLAPP legislation and its chilling effect on public participation. Both have taken a wait and see approach whether the California Supreme Court reverses the Court of Appeals. I have been told that it is very unlikely to happen. If it does not happen, three lawyers, now judges, will have twisted the intent of the California legislature and its statutes. Maybe Americans have it right. WHY BOTHER.

[Rick Montgomery]

in reply to: CDAA Conduct #2941

It’s frustrsting when I post a heavy topic and nobody chimes in. Where are you?

[martin newkom]

in reply to: Miscellaneous #2940

Once again, Good Luck!!

[SCOOP]

in reply to: Miscellaneous #2939

The Company gave me permission to take pictures underground. I have some good ones but there is a problem with getting them on the web site.

The technical support lives in Hungary and is aware that the mine office is presently unable to add pictures to the site. As soon as it is corrected, you will see the new raise on the 800 level where everyone expects to find a pay day. This topic will be moving to the Miscellaneous topic soon.

It took three days for miner Mark and his helper, Wade, to build the chute and install the slusher that will be used to pull the broken rock into the cars. The vein is very flat, so even though Mark will be running a raise, gravity won’t work to clear the round. Once up about thirty feet the raise will branch off in three directions, resembling the look of a cactus. Keep your fingers crossed, say a prayer or two or just wish for some good luck in finding Mister Pocket.

[martin newkom]

in reply to: CDAA Conduct #2938

Good luck with the state sup.
ct. on the latest pet. You are
going to need it. The last
unfavorable ruling was an
effort to protect and sanctify
all prosecutors whithersoever
disbursed. mjn

[SCOOP]

in reply to: CDAA Conduct #2937

Our latest filing….

IN THE SUPREME COURT OF THE STATE OF CALIFORNIA

MICHAEL M. MILLER, et al.,
Plaintiff and Respondent
v.
GALE FILTER, et al.,
Defendants and Appellants

From Third District
Court Of Appeal
No. C051696

OBJECTIONS TO APPELLANTS’ ANSWER TO PETITION FOR
REVIEW FILED BY RESPONDENT
ORIGINAL SIXTEEN-TO-ONE MINE, INC.

Appeal From Sierra County Superior Court,
Honorable Stanley C. Young, Judge

DOWNEY BRAND LLP
TORY E. GRIFFIN (SBN 186181)
555 Capitol Mall, Tenth Floor
Sacramento, CA 95814-4686
Telephone: (916) 444-1000
Facsimile: (916) 444-2100
Email: tgriffin@DowneyBrand.com

KLAUS J. KOLB (SBN 146531)
400 Capitol Mall, 11th Floor
Sacramento, CA 95814
Telephone: (916) 558-6160
Facsimile: (916) 492-0598
Email: KJKLaw@sbcglobal.net

Attorneys for Respondent
ORIGINAL SIXTEEN-TO-ONE MINE, INC.

OBJECTIONS TO APPELLANTS’ ANSWER
TO PETITION FOR REVIEW

The Original Sixteen-To-One Mine, Inc. (“Mine”), plaintiff and respondent, is mindful of the instructions in the Court’s letter of June 20, 2007, that any Reply to an Answer filed in response to the Mine’s petition for review should be “limited to the additional issues presented in the answer, if any.” California Rule of Court (“CRC”), Rules 8.500(e)(5), 8.504(a). Appellants’ Answer does not appear to raise any additional issues desired for review if the Mine’s Petition for Review is granted. The Mine therefore has resisted the temptation to respond to legal arguments and issues raised in the Answer, even though the Mine disagrees with much of the argument and legal analysis presented in the Answer.
However, CRC Rule 8.204 also requires that allegations of fact be limited to matters in the record, and that allegations of fact be supported by citations to the record. Appellants’ Answer to the Mine’s Petition for Review includes allegations about the Mine’s position in the trial court and the Court of Appeal that are not supported by citations to the record and that affirmatively misrepresent the Mine’s position on two issues that are critical to the Mine’s Petition for Review. The Mine therefore submits these Objections to Appellants’ Answer, limited to correcting those misrepresentations of the record.

1. CDAA Defendants Falsely Allege That The Mine Failed To Argue Below That CDAA Defendants’ Conduct Was Not Constitutionally Protected.

CDAA Defendants (Appellants) argue in their Answer to the Mine’s Petition for Review (at IV.A.3, p. 7) that:

[T]he Mine argues that the anti-SLAPP statute should not apply here because government speech and conduct are not constitutionally protected speech. (Mine’s Petition, at 5, 6.) However, that new issue should not be considered by this Court because it was not timely raised in the Court of Appeal.

CDAA’s assertion is a complete misrepresentation of the record. The Mine repeatedly and adamantly argued to the Court of Appeal that CDAA Defendants’ conduct in wrongfully attempting to criminally prosecute plaintiffs (including the Mine) was not protected by constitutional guarantees of free speech and petition. For example, heading A.2. of the Mine’s Respondent’s Brief (at p. 25) states:

CDAA defendants do not qualify for the protections of the anti-SLAPP statute because they have no constitutional right to illegally impersonate district attorneys or to conduct a criminal prosecution of plaintiffs.

The Mine’s Respondent’s Brief follows up (at p. 26) by expressly arguing:

Nothing in the California or U.S. Constitutions provides a private entity with the right to unlawfully cloak itself with the authority and power of the government and to criminally prosecute another citizen.

And (at pp. 36-37):

Rather than engaging in free speech or petitioning the government for some action, CDAA defendants took over a portion of the government, and misused the government’s prosecutorial powers to initiate and pursue criminal charges against plaintiffs. …. [Italics in original.]

* * *

In this case, the CDAA defendants’ activity that gave rise to plaintiff’s damages and this action is that defendants unlawfully assumed the powers of the Sierra County District Attorney, in violation of the law and in violation of the express requirements of their Contract with Cal-OSHA. The defendants’ acts underlying plaintiffs’ cause of action do not constitute protected speech or petitioning, ….

The Mine repeated the argument again in its Answer to Amicus Curiae Brief Of Attorney General, for example, at page 9:

Unless defendants or the Attorney General first prove that defendants’ conduct in unlawfully assuming the powers of a district attorney to wrongfully prosecute Respondent was in furtherance of their valid exercise of the constitutional rights of free speech and petition, the Attorney General must wait for another motion in another forum to argue for expanding the scope of prosecutorial immunity. For the reasons already set forth in Respondent’s Brief at 21-38, neither defendants nor the Attorney General are entitled to reach the issue of prosecutorial immunity in this case, because this case does not arise from conduct by defendants that is protected by the constitutional rights of free speech or petition.

Furthermore, the Court of Appeal’s Opinion itself is unambiguously predicated on the same premise challenged by the petitioner in Vargas v. City of Salinas, Supreme Court No. S140911
– i.e., that government conduct qualifies as constitutionally protected speech or petition rights for purposes of the anti-SLAPP statute.

The Court of Appeal’s decision found that CDAA defendants were de facto government employees so their criminal prosecution of plaintiffs was lawful (e.g., Opinion at 11), and that CDAA defendants were “uncompensated public officers” and therefore were entitled to “the absolute immunity granted by Government Code section 821.6” for any illegal conduct they committed during the course of their criminal prosecution of plaintiffs (e.g., Opinion at 24). The Court of Appeal’s published opinion ultimately holds that the anti-SLAPP statute requires dismissal of plaintiffs’ complaint because: (1) initiating and conducting a criminal prosecution qualifies as conduct protected by constitutional guarantees of free speech and petition for purposes of the anti-SLAPP statute; and (2) as de facto government employees, CDAA defendants are absolutely immune for any illegal conduct committed in the course of that criminal prosecution, so plaintiffs have no probability of success on the merits. The Court of Appeal’s published opinion ordering the trial court to grant CDAA defendants’ motion to dismiss therefore brings this appeal squarely within the grounds for review raised in the Petition for Review granted by this Court in Vargas, supra.
Throughout this litigation, the Mine repeatedly challenged CDAA defendants’ claim that their criminal prosecution of plaintiffs was “in furtherance of [CDAA Defendants’] right of petition or free speech under the United States or California Constitution …” as required by the anti-SLAPP statute, C.C.P. §425.16, subds. (a) and (b)(1). The Mine reminded the Court of Appeal of its position once more in the Mine’s petition for rehearing (at 6):

As the Court is well aware, Respondent contends that the anti-SLAPP statute is not available to the CDAA defendants because there is no constitutional right to criminally prosecute a fellow citizen, and because, even if there were, CDAA defendants did not have a constitutional right to initiate and carry out a criminal prosecution of plaintiffs in violation of Government Code §24102, which expressly required that defendants “shall not act as deputy until: [] (a) A written appointment by the deputy’s principal is filed with the county clerk; … [and] [] The deputy has taken the oath of office ….” [Emphasis added.]

The assertion in CDAA Defendants’ Answer that the Mine’s Petition for Review either contradicts its position below, or that the Mine waived or forfeited the arguments raised in the Petition for Review by failing to raise them below, are contradicted by the record and are just plain wrong.
2. The Mine’s Petition For Review Is Not Based On Inadmissible Evidence.

CDAA Defendants’ Answer to the Mine’s Petition for Review also argues that the Mine’s challenge to CDAA’s conduct is based on inadmissible evidence. Answer To Petition For Review at 9. CDAA’s Answer reveals that the facts relevant to the key issues presented for review are largely undisputed.
As noted in the Mine’s Petition for Rehearing filed with the Court of Appeal, the Mine contends that the Court of Appeal ignored evidence and permissible inferences from evidence, even though the Court initially acknowledged the existence of that evidence. For example, the Court of Appeal initially (at page 6) recognized that:

According to plaintiffs, defendants knew that they lacked the lawful authority to prosecute plaintiffs and also knew that they lacked probable cause, but prosecuted the action anyway in order to gain notoriety and destroy plaintiff’s financial viability.

The remainder of the Court of Appeal’s opinion then appears to ignore this evidence.
However, it is misleading and inaccurate for CDAA Defendants to suggest that the Court of Appeal ruled that all of the Mine’s evidence was inadmissible. In fact, the Court of Appeal did not address the following undisputed evidence presented in the trial court and summarized in the Mine’s Respondent’s Brief, Answer to Amicus Curiae Brief of Attorney General, and again in the Mine’s Petition for Rehearing:

(1) CDAA, a private entity, had a financial incentive to initiate a prosecution of Original Sixteen-To-One regardless of the merits of that prosecution, because CDAA was attempting to demonstrate that it deserved an extension of its contract with the Department of Industrial Relations (“DIR”) (3 C.T. 459, 456, 458; 4 C.T. 827, 979);

(2) CDAA pressed for a criminal prosecution of Original Sixteen-To-One Mine despite the fact that the state and federal agencies responsible for investigating worker safety at the Mine had concluded that there were no “willful” violations of any safety regulations at the Mine (3 C.T. 476, 481-84; 4 C.T. 810, 818, 829-830, 899-909; Request for Judicial Notice (“RJN”) Exs. 2, 3);

(3) It is undisputed that the Sierra County District Attorney did not request assistance from CDAA and expressed no desire to prosecute Original Sixteen-To-One Mine during the almost thirteen months between the date of the accident and the date CDAA representatives personally “presented” their proposed criminal prosecution to the District Attorney. It is also undisputed that no written appointments of CDAA defendants were ever prepared by the District Attorney or filed with the county clerk, as required by Government Code §24102.

(4) CDAA defendants’ declarations provide evidence that defendants were acting without the supervision or direction of the district attorney, in that they omit virtually any mention of supervision, control, or even interaction with the District Attorney (2 C.T. 422-24; 434-437; 442-443; 3 C.T. 449-450);

(5) CDAA initiated an improper prosecution and improperly obtained an indictment, which the Superior Court subsequently dismissed due to CDAA’s misconduct before the grand jury (1 C.T. 81-88), and which the newly elected District Attorney chose not to pursue (4 C.T. 827, 992-993; 2 C.T. 280).

Although the Court of Appeal based its decision almost exclusively on the declarations submitted by CDAA defendants – including the portions of those declarations that supposedly repeat statements made by the Sierra County District Attorney and other Sierra County representatives – the Court of Appeal expressly ruled (Opinion at 14, fn. 4) that declarations by Mine representatives and local newspapers about contrary statements made by the Sierra County District Attorney were inadmissible hearsay because:
There is no evidence that [District Attorney] O’Sullivan was defendants’ agent or that they authorized her to speak on their behalf. (See Cal. Law Revision Com. com., 29B West’s Ann. Evid. Code (1995 ed.) foll. § 1222, p. 159.)

The statements by District Attorney O’Sullivan that the Court of Appeal rejected as hearsay include (but are not limited to) statements to the effect that: “CDAA came to her with a completed investigation proposing to file criminal charges … and forced their way into Sierra County” (4 C.T. 810, 812; 3 C.T. 465; 2 C.T. 449, 436); the elected District Attorney “wanted nothing to do with the issue and saw no crime …” and “said she was not participating in the case ….” (4 C.T. 778-780, 810, 812-13, 819-820, 843; 2 C.T. 270).
The Court of Appeal found that CDAA defendants were acting on behalf of District Attorney O’Sullivan after she “appointed” them (Opinion at 23) – notwithstanding the missing appointment papers – and that CDAA defendants “assumed the responsibility and duties of prosecuting the criminal action against Miller and the Mine as deputy district attorneys” (Opinion at 24). Given the Court of Appeal’s findings, the Mine does not understand how that court could simultaneously conclude that the District Attorney was not authorized to speak on behalf of her deputies about the criminal prosecution that they supposedly were carrying out on the District Attorney’s behalf. See Evidence Code §1222.1 However, even assuming that a District Attorney needs express authorization from her deputies to comment about a case being handled by her deputies, and that failure to do so makes the District Attorney’s public statements about that case inadmissible hearsay, the Mine has presented sufficient other admissible – and largely undisputed – evidence to support the issues it has raised in its Petition for Review. It is therefore inaccurate and misleading for CDAA defendants to assert that the Mine’s Petition for Review depends on inadmissible evidence.
CONCLUSION
For the reasons set forth above, Petitioner Mine objects to unsupported factual allegations made by CDAA Defendants in their Answer to the Petition for Review filed by the Mine. The Original Sixteen-To-One Mine, Inc., therefore respectfully requests that the Court disregard assertions made by CDAA defendants that are contradicted by uncontroverted citations to the record, including to the Briefs and the Petition for Rehearing filed by the Mine with the Court of Appeal in this action. For the reasons set forth in its Petition for Review, the Mine respectfully requests the Court to grant its Petition, and to permit the Mine to address the CDAA defendants’ arguments more fully in future briefs to be presented to the Court after the Court has had an opportunity to consider many of the same issues raised in the pending Vargas v. City of Salinas petition for review.
Respectfully submitted July 16, 2007,
______________________________
Klaus J. Kolb
Attorney for Respondent
ORIGINAL SIXTEEN-TO-ONE
MINE, INC.
______________________________

DOWNEY BRAND LLP
Tory E. Griffin
Attorney for Respondent
ORIGINAL SIXTEEN-TO-ONE
MINE, INC.

CERTIFICATE OF WORD COUNT
The text of “OBJECTIONS TO APPELLANTS’ ANSWER TO PETITION FOR REVIEW FILED BY RESPONDENT
ORIGINAL SIXTEEN-TO-ONE MINE, INC.,” consists of 2,278 words, as counted by the Corel WordPerfect version 12 word-processing software I used to generate this Brief.
Dated: July 16, 2007.
______________________________
Klaus J. Kolb
Attorney for Respondent
ORIGINAL SIXTEEN-TO-ONE
MINE, INC.

[Rick Montgomery]

in reply to: CDAA Conduct #2936

Martin, yes most do, and accept it as a “what-ever”.

This is the shame.

This is why it’s prudent to talk about the CDAA’s attempt to circumvent the Constitution. Also, crucial to bring to light how the current administration (albeit hated by the ill-informed), has our individual rights in concern, and why the Wall Street Journal published the piece that points this out.

I believe the current administration has our Constitutional rights as a primary focus, and not a right- wing legacy or crazy zealot adgenda in mind.

In the Wall Street Journal article (below topic), this fraud has been flagged, and it points out the administration’s focus to bring it to light.

Our mission is take a proactive position: to actively show our friends and neighbors how such passive acceptance of such actions by vigilante “focus groups” (that can be pronounced another way) will bite us all in the ass unless checked and rejected.

Let’s ask ourselves, “How does a non-Constitutional self-appointed vigilante group of thugs get away with charging innocent citizens of manslaughter!!!???”

…while knowingly misleading a grand jury…then saying to the court “whatever”…

Whether liberal or conservative, we need to recognize how such evil entities are in place.

Remember, “when Rome sleeps…” and the historic result.

[martin newkom]

in reply to: CDAA Conduct #2935

Doesnt everyone know that most
litigation attys. will lie and
lie repeatedly to win their
point and case?

[Rick Montgomery]

in reply to: CDAA Conduct #2934

When we recognized the breach of law by the CDAA in the fraudulent prosecution of this mine and its CEO and mine manager for thetr fraudulent fairy-tale breaches of law, no-where on the radar was a subsequent irrational decision by the district Court.

Initially, my question was: “Why? The CDAA broke the intention of the law, as their trumped charges were previously recognized as fraud and untrue, yet they proceded.”

Then we endured our challenge. As asserted by the CDAA, and that although they were fraudulent and criminal, they had prosicutorial immunity from financial liability. The circuit court found some quick-sand and bailed, essentially caving to a higher authority, which is where this whole thing now rests.

This is of national importance, essentially a Constitution crisis in the “n”th degree.

Now, the Wall Street Journal has the fortitude to publish Executive Branch (W) concerns in this arena (please read the latest posting).

I believe that this current battle waged by MMM and the Original Sixteen to One Mine against the vigilante prosecution by the fraudulent CDAA will become the poster-front so well illustrated in the Wall Street Journal editorial. As citizens, this is our cause and rally.

[Stephen Wilson]

in reply to: Gold Enters Major Bull Market #2933

Gold $667.60
Silver $13.11
Gold/Silver Ratio 50.99
Gold/XAU Ratio 4.42

Gold shares continued strong today with the Philadelphia Gold & Silver Index(XAU) closing up 4.86 to 150.79. This is the highest close on the Index in six months. The gold shares continue to outperform the metal with the Gold/XAU Index shrinking to 4.42 from 4.54 on 7-10-07.

It is quite possible that a significant breach of the multi year highs at the 150 level on the XAU chart is close at hand.

The following statements were made by the respected chart technician Mr. Alf Field at kitco.com on July 11, 2007:

“In the gold market we finally have “Ignition” and “Lift-off.” Events over the past three weeks have created a situation where an upside price catapult of at least $100 per ounce, without a significant correction, can be anticipated.”

“It appears that the long 14 month correction since May 2006 has come to an end and the much anticipated strong “third of a third” up wave has started. This forecast can now be given a high probability of success.”

The remainder of Mr. Field’s thoughts can be accessed at kitco.com under the article Gold: We Have Lift-Off!

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