November 7, 2017

The New 49’ers Legal Fund-raiser!

There will be 26 prizes in all:
Two Grand Prizes: 1/2-ounce American Gold Eagles
Four ¼-ounce American Gold Eagles
Ten 1/10th-ounce American Gold Eagles
Ten 1-ounce American Silver Eagles

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc).

This drawing will take place at 2 pm on 23 February 2018 at our headquarters in Happy Camp. You do not need to be a member of our organization to participate. You do not need to be present to win. There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’rs Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online.

Purchase Tickets for the next legal Fund-raiser Drawing

$10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc). There is no limit to the size or frequency of your contributions, or to the number of prizes you can win. Your contribution to The New 49’er Legal Fund is tax-deductible.

Eagle

The New 49’ers Legal Fund,
27 Davis Road, Happy Camp, California 96039 (530) 493-2012
www.goldgold.com

 

 
July 14, 2017

Gold and Silver Eagles

The New 49’ers Legal Fund-raiser!

There will be 25 prizes in all:
Grand Prize: 1-ounce American Gold Eagle
Four ¼-ounce American Gold Eagles
Ten 1/10th-ounce American Gold Eagles
Ten 1-ounce American Silver Eagles

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc).

This drawing will take place at 2 pm on Friday 27 of October 2017 at our headquarters in Happy Camp. You do not need to be a member of our organization to participate. You do not need to be present to win. There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’€™ers Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online.

Purchase Tickets for the next legal Fund-raiser Drawing

  $10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc). There is no limit to the size or frequency of your contributions, or to the number of prizes you can win. Your contribution to The New 49’er Legal Fund is tax-deductible.

Eagle

The New 49’ers Legal Fund,
27 Davis Road, Happy Camp, California 96039 (530) 493-2012
www.goldgold.com

 

 
March 9, 2017

Gold and Silver Eagles

The New 49’ers Legal Fund-raiser!

There will be 25 prizes in all:
Grand Prize: 1-ounce American Gold Eagle
Four ¼-ounce American Gold Eagles
Ten 1/10th-ounce American Gold Eagles
Ten 1-ounce American Silver Eagles

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc).

This drawing will take place at 3 pm on Friday, 23 June 2017 at our headquarters in Happy Camp. You do not need to be a member of our organization to participate. You do not need to be present to win.  There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’€™ers Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online.

Purchase Tickets for the next legal Fund-raiser Drawing

  $10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc). There is no limit to the size or frequency of your contributions, or to the number of prizes you can win. Your contribution to The New 49’er Legal Fund is tax-deductible.

Eagle

The New 49’ers Legal Fund,
27 Davis Road, Happy Camp, California 96039 (530) 493-2012
www.goldgold.com

 

 
November 04, 2016

Gold and Silver Eagles

The New 49’ers Legal Fund-raiser!

There will be 25 prizes in all:
Grand Prize: 1-ounce American Gold Eagle
Four ¼-ounce American Gold Eagles
Ten 1/10th-ounce American Gold Eagles
Ten 1-ounce American Silver Eagles

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc).

This drawing will take place at 12:00 Noon on 24 February 2017 at our headquarters in Happy Camp. You do not need to be a member of our organization to participate. You do not need to be present to win.  There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’€™ers Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online.

Purchase Tickets for the next legal Fund-raiser Drawing

  $10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc). There is no limit to the size or frequency of your contributions, or to the number of prizes you can win. Your contribution to The New 49’er Legal Fund is tax-deductible.

Eagle

The New 49’ers Legal Fund,
27 Davis Road, Happy Camp, California 96039 (530) 493-2012 www.goldgold.com

 

 
November 21, 2015

Gold and Silver Eagles

The New 49’ers Legal Fund-raiser!

There will be 25 prizes in all:
Grand Prize: 1-ounce American Gold Eagle
Four ¼-ounce American Gold Eagles
Ten 1/10th-ounce American Gold Eagles
Ten 1-ounce American Silver Eagles

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc).

This drawing will take place in Happy Camp, California at our office at the close of business on 26 February 2016. You do not need to be a member of our organization to participate. You do not need to be present to win.  There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’€™ers Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online by clicking Here.

Purchase Tickets for the next legal Fund-raiser Drawing

  $10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc). There is no limit to the size or frequency of your contributions, or to the number of prizes you can win. Your contribution to The New 49’er Legal Fund is tax-deductible.

Eagle

The New 49’ers Legal Fund,
27 Davis Road, Happy Camp, California 96039 (530) 493-2012 www.goldgold.com

 

 
Dave Mack

“We are now motioning for the San Bernardino Court for Summary Judgment to declare that the second and third suction dredge moratoriums are unconstitutional and that the requirements of the first moratorium have been met — therefore requiring California to resume issuing suction dredge permits.”

Please make a donation to our Legal Fund.

 

 
Dave Mack

 

Please make a donation to The New 49’er Legal Fund.

 

By Dave McCracken

As many of you will be aware, we have been going head to head against California State over-regulation of small-scale gold mining for more than ten years.  These battles have taken place in Siskiyou County, Plumas, Alameda and San Bernardino Superior Courts, the Third and Forth Appellate Courts and even the Supreme Court of California.

Last year, we made a major breakthrough when the Third Appellate Court Ruled unanimously that the State’s scheme of requiring gold miners to obtain a State permit, and then refusing to make such permits available, is an non-enforceable scheme which is preempted by federal law.  This Ruling is now being reviewed by the California Supreme Court.

We were given an even larger win by the San Bernardino Court this past summer when the Court issued a lengthy Ruling that the State does not have the authority to first pass a law the requires small-scale miners to obtain a State permit, and then pass a second law that forbids the issuance of such permits.

When we motioned San Bernardino Court to Order State agencies to begin issuing permits again; or in the alternative, stop harassing small-scale miners operating on the public lands without a permit, the judge refused to do so.  We are actively appealing this to the Forth Appellate Court.  Imagine a California court Ruling that State actions are unconstitutional, and then basically issuing a Ruling that continues to allow the unconstitutional activity.

Since we were not being provided meaningful relief from San Bernardino, early this past season, several brave individuals began suction dredging along the Klamath River in hopes of getting arrested by State law enforcement officials.  If the State arrests you, you have a right to be brought in front of an impartial judge within 48 hours, Sundays & holidays excluded.

The result was that several of our members were arrested. Mining gear was seized from these guys and from others who were not arrested.  Even though Dyton Gilliland was arrested and held in jail, rather than being brought in front of a judge according to the law, he was eventually kicked out of jail with no further explanation. Individual stories can be found in the Declarations below, and in the briefing documents.

Now the State has filed criminal charges against two of our small-scale miners in Siskiyou County.  The first hearing is scheduled for November 5 at 8:30 am in the Siskiyou County courthouse in Yreka, California.  We hope you will pass the word around so we can flood the courthouse with Americans who want to see the insanity put to an end.

We see this as a hugely important case.  To a large extent, this case is very similar to the Rinehart case several years ago which won our industry a unanimous win in the Third Appellate Court — the very same place this case will likely end up!  The difference here is that we have several additional important wins which have supported our side since Rinehart was decided.

The really important matter at stake here is whether or not State officials, who swear an oath to support and defend the constitution in order to become State officials in the first place, are going to be allowed by the judicial system to continue to enforce unconstitutional laws upon the people.  This case has ramifications far beyond small-scale gold miners.  It has more to do with whether or not we live in a totalitarian State where the people no longer have a civil remedy against the unlawful actions of the ruling class.

These ongoing legal challenges have raised another important question:  What is the use of devoting 10 years in the court system, and over a million dollars in legal fees, if State authorities are going to completely ignore the outcome if it does not support their side?

Here follows the initial briefing to Siskiyou County Superior Court:

 

 
Dave Mack

“Here is a short summary of  ongoing legal affairs”

 

Please make a donation to The New 49’er Legal Fund.

 

By Dave McCracken

California recently passed a new water bill (SB 637) which, I believe, goes into affect in January. It says there will be no use of motors to excavate or process material within 100 yards of the active waterway. If allowed to stand, this reduces us down to hand sluices, gold pans, underwater crevicing (with or without hookah systems) and perhaps gravity water systems where possible.

We will be working out a strategy with our attorney to challenge the new law.  Since we have not really been getting any meaningful relief in State court, I’ll likely be pushing for a federal challenge.

We are also looking into what is required to submit an application to the Army Corps for a water permit that covers all the properties we control. Such a permit should allow us the use motors to process and even suction dredges, again.

All of the ongoing litigation in State court is in kind of a holding pattern. The next hearing in San Bernardino happens in January.

We are still waiting for the 4th Appellate Court to respond to our Appeal of San Bernardino Superior Court’s refusal to grant us relief from the unconstitutional actions of State officials. We expect this will likely go our way.

The California Supreme Court’s review of the Rinehart case seems to be in a holding pattern. There is more than a reasonable chance this will turn out in our favor.

The California Supreme Court or 4th Appellate Court may hand us a win(s) that will help us overcome the new water bill in California. Any reasonable federal judge would easily see that the State has a long, consistent history (scheme) of trying to eliminate small-scale mining on the public lands. The new water bill is just another example that proves a long period of misconduct.

Two mining associations in Oregon have taken the lead to file a legal challenge in federal court to overcome Oregon’s suction dredge moratorium. The New 49’er Legal Fund has offered to contribute as needed. They have a very strong case.

The Siskiyou County District attorney has decided to prosecute Derek Eimer and Dyton Gilliland for dredging in California without a permit. Both are New 49’er members who were dredging in the wake of San Bernardino Superior Court’s Order that California’s dredge moratorium was not enforceable. The Legal Fund is supporting their defense. I’ll post the briefs as soon as they are filed. We see this as an important test case to determine if others will be prosecuted or equipment will just be returned.

If any of this disappoints you, I advise you to not let your spirits get down too much. We are going to win in the end. All we need is to watch the current national election cycle to see that America is finally starting to wake up.

I can see a lot of members turning towards underwater sniping supported by motorized hookah along our very extensive properties, especially with the use of these newer pulse induction metal detectors that look right past hot rocks as if they are not even present. I was given a demonstration by Whites Detectors about a month ago and was surprised at the capability and the lower costs.

The Legal Fund needs money!! We are giving away 2 ounces of beautiful gold nuggets and a bunch of other goodies in less than 2 weeks. The new Paypal link makes it very easy to contribute. Please check it out right here:

Legal Fund Raiser

Thanks for anything you guys can do to help!

 
Dave Mack

“Now we are Appealing to California’s Forth Appellate Court to reverse the recent denial by the San Bernardino Court to Grant Suction Dredgers Relief from the Unconstitutional Actions of State Officials.”

Please make a donation to our Legal Fund.

We have switched gears into appealing San Bernardino’s recent Ruling to deny any meaningful relief to suction dredgers even after the court has Ruled and Ordered that California’s suction dredge moratorium is unconstitutional — which State authorities continue to enforce (by seizing dredging equipment they find on the river).

As you may recall, our initial Motion for a Statewide Injunction to prohibit California from enforcing the unconstitutional moratorium and return us to the earlier set of regulations that were legal was recently denied by the Superior Court of San Bernardino. We believe that Ruling was flawed, and have filed an appeal with California’s Forth Appellate Court to get our motion approved.
There is a legal provision in California which requires appeals of denied injunctions to be expedited when ongoing circumstances are causing irreparable harm to people who are 70 years or older. A bunch of our 70+ year old members have come forward with Declarations in support of this appeal.

You can find the Appeal, along with supporting Declarations, at the bottom of this page.

Motion for Summary Reversal

Declaration of Rip Ripple

Declaration of Charles Montgomery

Declaration of William Christensen

Declaration of Ray Derrek

Declaration of George Kendall

Declaration of Judy Shirey

Declaration of Myrna Karns

 

State’s Counter Motion for Dismissal

State’s Oppositian to Motion for Summary Reversal

 

Opposition to Summary Reversal by the Center For Biological Diversity

 
August 2015

Two Ounces of New 49’er Gold Nuggets!

Gold Nuggets

Your contribution to The New 49’ers Legal Fund is tax-deductible.
There will be 25 prizes in all:
  • Grand Prize: 1-ounce of New 49’er Gold Nuggets
  • Four ¼-ounce Bags of Klamath New 49’er Gold Nuggets
  • Ten 10th-ounce American Gold Eagles
  • Ten 1-ounce American Silver Eagles

Gold and Silver Eagles

The drawing will take place at the close of business at our headquarters in Happy Camp on Friday, 30 October. You do not need to be a member of our organization to participate. You are welcome to be at the drawing, but you do not need to be present to win.

Purchase Tickets for the next legal Fund-raiser Drawing

  $10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out.Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc). There is no limit to the size or frequency of your contributions, or to the number of prizes you can win. Your contribution to The New 49’er Legal Fund is tax-deductible.

Legal contributions can also be arranged by calling (530) 493-2012, by mailing to The New 49′ers Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online by clicking Here.

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