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Local Residents from Ranchers to Hippies Turned out Overwhelmingly in Favor of Roadless Area Preservation at Governor Kulongoski's Roadless Area Workshop at Medford City Hall on August 17, 2006

The governor is inviting commentary from concerned citizens as a necessary part of a process for the proposal of regulations for such areas to prevent them from reverting to normal National Forest regulations within 18 months. Oregon has almost 2 million acres inventoried as roadless areas, 368,000 of which lie in the Rogue River - Siskiyou National Forest. The Medford Mail Tribune reported that, of the over 100 participants, the number of proponents of roadless areas vastly outweighed opponents. The paper reported the following responses from local participants:

"I'm totally opposed to opening any roadless area to logging, because we need them for future generations, for wildlife, for recreation — and just to have wilderness left. I'm thrilled the governor is opposing what Bush has done. It's a terrific forum and all views are getting in. It's a shame some people make it about economy vs. wilderness. It's not." - Hope Robertson of Jacksonville

"It's disappointing the governor isn't here because he's taking a stand to protect our national treasure and we want to support him. As for roads, we already have plenty of places with roads." - Eden Luz of the Applegate

"[I]f you allow logging in roadless areas [after the Biscuit fire], then the federal government, which failed to put Biscuit out, now has incentives to continue not putting fires out. I'm all for thinning, fuel reduction, logging small diameter trees and getting rid of dead trees, but in some parts of the forest, roadless areas need to be protected. The governor is a bulwark against the federal government and what the Bush administration is trying to do." - rancher Peter Salant

Mike Beagle, a field coordinator for Trout Unlimited told a press gathering that roadless areas were an important habitat issue for humans as well as wildlife. "Even if they don't go in the back country, the angler and hunter will benefit by roadless areas. We're not for closing roads, but just not building any more," he said.

One of the few attending opponents of roadless areas was Jennifer Phillippi, whose family owns Rough and Ready Lumber Company, a sawmill in Cave Junction. She claimed that roadless rules had made local timber unavailable and that they had to rely on California sources of wood, and that roads were needed to make scenic attractions and campgrounds more accessible.

The governor is taking email comments at: http://www.governor.oregon.gov/Gov/GNRO/oregon_forests.shtml

August 15, 2006 Petition to Ashland City Council to Halt Clearcutting of Watershed until Court Hears Case Is Voted Down 4 to 2 by City Council

Except for city council members Cate Hartzell and Alice Hardesty, the Ashland City Council voted against a resolution calling for a halt to logging or construction on the Mount Ashland ski area expansion until a court settles the matter. Hundreds of local citizens gathered to demonstrate outside Ashland City Hall earlier in the evening to no avail. It was rumored that council members feared litigation with expansion interests as most council members would only voice their forbodings of a public outcry if expansion went ahead before the courts ruling.

American Common Law Foundations

Anglo Saxon and Anglo Norman Law in England

EARLY PERIOD

Justice was served via self help and vengeance based upon custom - the offended party was free to exercise retribution upon the offender within bounds set by custom.
Self help was available if wrongdoer was apprehended in the commission of the act or could be tracked from the scene of the crime; otherwise, justice was meted out by the Moot or tribal council.
The Christian church arrived and brought with it the
Right of Sanctuary wherein a defendant might seek refuge in a place of worship.
Trial by Compurgation - both the accuser and the accused presented compurgators (character witnesses) and the burden of proof relied upon the strength of their testimonials.

LATE EARLY PERIOD

The Trial by Ordeal gained acceptance:

Trial by Water:

Cold - the accused was cast into a lake or river; if they floated they were innocent.
Hot - the accused had a limb plunged into boiling water and innocence was determined by the wounds ability to heal.

Trial by Fire - the accused was made to grasp a hot iron or walked across burning plowshares and innocence was determined by the wounds ability to heal.
The Accursed Morsel - accused is made to eat a piece of bread or other dry substance, over which certain prayers had been made, without the aid of any liquid to wash it down; if the accused choked he was condemned.

LATER PERIOD

Doom System - established by king Ethelbert in 600A.D., the Doom system created a list of offenses and corresponding fees to be paid as compensation to the victim in lieu of vengeance. If compurgatory evidence was insufficient, determination of guilt was made by the moot.

Hierarchy of Judicial System

King

Hundred Court

Shire Court or Moot

Merchant Courts were established to rule upon these particular kinds of cases.

1066 A.D. - William the Conqueror established the Aula Regis a.k.a Curia Regis or King's Court composed of the concilium ordinarium who became circuit justices.

1200 A.D. - 3 separate common law courts of jurisdiction had been established:

Curia Regis

presided over criminal matters

Court of the Exchequer

presided over matters of taxes and dues

Court of Common Pleas

presided over civil matters

1677 A.D. - Parliament enacted the Statute for The Prevention of Frauds and Perjuries and recognized property rights in patents, copyrights, debts and corporate stocks.

1695 A.D. - The preparation of law reports by authorized individuals was formalized. Licensing of legal practitioners was instituted.

1730+ A.D. - Under the influence of Lord Mansfield the body of commercial law developed by the merchant courts became a part of English common law.

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