REceIVED OCT 12 2010 WRITTEN BY RED SMITH IN COOPER LANDlNG, ALASKA PRESENTED IN SOLDOTNA, ALASKA ON OCTOBER 12, 2010 KPB - Clerks Office GOOD EVENlNG FELLOW MEMBERS OF "ITS PEOPLE"*, MAYOR CAREY, THE BOROUGH STAFF, BOROUGH ASSEMBLY, ALL THOSE MEMBERS OF "ITS PEOPLE"* IN ATTENDENCE, AND ALL THOSE WHO MAY BE LISTENING. FOR THE RECORD: MY NAME IS SHERMAN C. "RED" SMITH. I AM AN ORIGlNAL, AND CONTlNUOUS, MEMBER OF "ITS PEOPLE"*---HAVING LIVED FOR THE PAST SIXTY- ONE YEARS IN COOPER LANDlNG , ON THE SHORE OF KENAI LAKE, AT ITS OUTLET END. I'M NOW EIGHTY SEVEN YEARS OLD, WITH A REBUILT HEART; ONE WHICH NOW lNCLUDES A PIG VALVE AND THREE BY-PASSES THAT WERE MADE FROM ONE OF MY OWN BODY PARTS; ONE TAKEN FROM MY RIGHT GROlN DOWN TO MY RIGHT ANKLE. MY OLD "TICKER" GOT A LITTLE TOO WELL WORN; SO ONE OF OUR MODERN MIRACLE WORKERS, A CARDIOLOGIST BY THE NAME OF WILLIAM CURTIS, HACKED ME OPEN, TOOK MY HEART OUT, DROPPED IT ON THE FLOOR, STOMPED ON IT TO CRUSH, AND REMOVE, SOME CALCIUM DEPOSITS THAT DIDN'T BELONG IN THERE, RE- CONSTRUCTED IT; AND PUT IT BACK IN. THE MIRACLE IS THAT IT WORKS. ENOUGH ABOUT RED SMITH. I'M FEELlNG LIKE ABOUT 20 MORE YEARS SHOULD BE ENOUGH TO GET ALASKA TO BE A STATE---ONE WITH GUTS ENOUGH TO ENFORCE ITS OWN CONSTITUTION. MAYBE WE SHOULD ADD A WORD TO ARTICLE XII, SECTION 5, OF OUR STATE CONSTITUTION, SO IT WOULD READ "SUPPORT, DEFEND, AND ENFORCE". WHAT DO YOU THlNK? ARTICLE VIII, SECTION 16, OF ALASKA'S CONSTITUTION IS CALLED "PROTECTION OF RIGHTS"; IN MY CASE IT HAS NOT BEEN ENFORCED; AND, IT STATES, QUITE SIMPLY: "No person shall be involuntarily divested of his RIGHTS to the use of waters, his interests in lands, or IMPROVEMENTS affecting either, except for a superior beneficial use or PUBLIC PURPOSE, and then ONLY WITH JUST COMPENSATION AND BY OPERATION OF LAW." Emphasis added. SOOO---WHERE DO OUR "RIGHTS" COME FROM? WE'LL HAVE TO TAKE A QUICK, SHORT, WALK THROUGH AMERICAN HISTORY TO FIND THE ANSWER TO THAT QUESTION. IN OUR, TIME HONORED, "DECLARATION OF INDEPENDENCE"; IT STATES: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness." NO MENTION OF "WATERS" OR "LANDS" --JUST "LIFE", "LIBERTY"."THE PURSUIT OF HAPPINESS". THE GENERAL PUBLIC, IN THOSE DAYS, WANTED MORE SPECIFIC DETAIL AS TO JUST WHAT "THE PURSUIT OF HAPPINESS" REALLY MEANS; AND SO A "BILL OF RIGHTS" WAS ADDED TO THE US CONSTITUTION IN WHICH IT STATES; IN PERTINENT, PART: ''No person shall-----be deprived of life, liberty, OR PROPERTY, without DUE PROCESS OF LAW, NOR SHALL PRIVATE PROPERTY BE TAKEN FOR PUBLIC USE, WITHOUT JUST COMPENSATION." Emphasis added. THE HOMES, AND THE LANDS, OF THE LOWLY HOMESTEADER, AS WELL AS THOSE OF THE LAND BARONS, WOULD NOW BE PROTECTED BY THE NEW "RULE OF LAW' WHICH WOULD FOREVER DO AWAY WITH THE OLD "RULE OF MAN". HENCEFORTH, MAN WAS TO BE RULED BY MAN THROUGH THE"RULE OF LAW'; AND "PROPERTY" NOW lNCLUDED "WATERS" AND "LANDS" THE SUPREME "RULE OF LAW' WAS TO BE PROPERLY ENCODED WITHIN WRITTEN DOCUMENTS---BEGlNNlNG WITH CONSTITUTIONS. WE NOW HAVE STATE CONSTITUTIONS AS WELL AS A NATIONAL CONSTITUTION FOR THE UNITED STATES OF AMERICA. THE CONCEPT OF "THE RULE OF LAW' IS NOW WORLDWIDE AND UNDER ATTACT. THE ENEMY, OF OUR AMERICAN WAY OF LIFE, UNDER THE RULE OF LAW, KNOWS THAT FAILURE TO ENFORCE A LAW LONG ENOUGH IS TANTAMOUNT TO REPEALING IT. EVEN IF YOU FEEL ABSOLUTELY "PROTECTED" BY GOVERNMENT, FAMILY AND FRIENDS (BY OUR MILITARY AND THE POLICE); YOU SHOULD READ, STUDY, AND tmDERSTAND THE
~C'l";£' t'~ CONSTITUTIONS. EVERY PUBLIC LAND LAW WHICH ALLOWED, OR STILL ALLOWS, PUBLIC DOMAIN TO BE LEGALLY ENTERED, BY SOMEONE, WITH THEIR INTENT TO MAKE "IMPROVEMENTS" SUFFICIENT TO TAKE THE OWNERSHIP FROM GOVERNMENT AND GIVE IT TO THE ENTRYMAN, MANDATED "IMPROVEMENTS". THE HOMESTEAD LAW, THE MINING LAW, AND ALL OF THEIR DERIVATIVES, MANDATE "IMPROVEMENTS". ARTICLE ill, SECTION 16, OF ALASKA'S CONSTITUTION, STATES, IN PERTINENT PART: "The governor SHALL BE RESPONSIBLE FOR THE FAITHFUL EXECUTION OF THE LAWS." Emphasis added. THAT "DUTY" IS PUT UPON THE GOVERNOR'S OFFICE AS THE PRINCIPAL "DUTY" IMPOSED THROUGH THE "OATH OF OFFICE", WHICH IN ARTICLE XII, SECTION 5, OF ALASKA'S CONSTITUTION STATES IN PERTINENT PART: "I do solemnly swear (or affirm) that I will SUPPORT AND DEFEND the Constitution of the United States and the Constitution of the state of Alaska, and that I will faithfully discharge MY DUTIES as Governor to the best of my ability." JUST HOW SAFE DO YOU REALLY FEEL RIGHT NOW? IS YOUR MONEY SAFE? IS YOUR VEHICLE SAFE? IS YOUR HOME SAFE? HOW ABOUT YOUR FAMILY, AND FRIENDS? ARE THEY SAFE? ARTICLE VITI, SECTION 16, "PROTECTION OF RIGHTS" IS VITALLY IMPORTANT TO YOU, TO YOUR CHILDREN, YOUR PROGENY, AND ALL THE REST OF "ITS PEOPLE' ---RIGHT NOW --AND WILL BE SO LONG AS ALASKA REMAINS A STATE AMONG THE FINEST COLLECTION OF STATES ON THE PLANET EARTH. THERE SEEMS TO BE A SERIOUS MIS-UNDERSTANDING AS TO THE BOUNDARIES OF JURISDICTION OF ALASKA'S CONSTITUTION; AND SO WE HAVE ASKED THE STATE SUPERIOR COURT, IN KENAI, FOR A DECLARATORY JUDGMENT ON THAT QUESTION. THE CASE HAS BEEN ASSIGNED TO SUPERIOR COURT JUDGE CHARLES T. HUGUELET. EARLIER ON, IN THIS CONTINUOUS FIGHT FOR FREEDOM, UNDER "THE RULE OF LAW", WE FOUND ADEQUATE CASE LAW TO FILE A LIEN ON JUDGE HUGUELET"S PROPERTY FOR FAILURE TO HONOR HIS "OBLIGATIONS"** JUDGE HUGUELET HAS NOW HONORED HIS "OBLIGATIONS" AND WE HAVE FILED A "RELEASE OF LIEN" SO THAT HE MAY ACT AS THE PRESIDING JUDGE IN 3KN-1 0-836 CIVIL. I HAVE, HERE WITH ME, THREE COPIES OF ALASKA'S CONSTITUTION. ONE IS SIGNED BY "JACK" COGHILL, ONCE OUR LT GOVERNOR, AND A FINE, OLD TIME ALASKAN, WHO HELPED WRITE IT; ONE SIGNED BY JOE MILLER, A NATURAL BORN LEADER, WHO SAYS HE WANTS TO ENFORCE IT; AND ONE I'VE BEEN USING FOR THE PAST TWENTY FOUR YEARS. IT'S TITLED "ALASKA'S CONSTITUTION---A CITIZENS GUIDE". ALL THREE HAVE ARTICLE VITI, SECTION 16, "PROTECTION OF RIGHTS"---AS WELL AS NUMEROUS OTHER ASSURANCES OF FREEDOM---SUCH AS OUR RIGHTS TO CHOOSE OUR OWN "CREED"***; TO "TRIAL BY JURY"**"'*, TO "THE REWARDS OF OUR OWN INDUSTRY", AND TO "EQUAL RIGHTS, OPPORTUNITIES, AND PROTECTION UNDER THE LAW""'. AS A COMBAT VETERAN OF WORLD WAR II, OUR TWO CONSTITUTIONS MEAN A GREAT DEAL TO ME. I SERVED AS A US MARINE, IN THE SOUTH PACIFIC DURING 1942 AND 1943, AND I HAVE TWO SONS, THAT I AM VERY PROUD OF, THAT HAVE SERVED OUR NATION AS US MARINES. TO KEEP THE PEACE, LETS ALL HONOR OUR "OBLIGATIONS TO EACH OTHER AND TO THE STATE"* BY OBEYING THE LAW. LETS PRAY THAT THE KENAI COURT WILL SOON ISSUE A DECLARATORY JUDGMENT CLARIFYING THE AUTHORITY, AS WELL AS THE EXTENT OF THE JURISDICTION, OF ALASKA'S CONSTITUTION---WHICH IS AN EXCELLENT, PERHAPS EVEN THE FINEST, WRITTEN "RULE OF LAW" FOR ANY STATE. THANK YOU FOR THIS LITTLE PIECE OF YOUR LIFE. I HOPE THAT YOU WILL READ, AND ENJOY, MY POETRY. GOOD NITE!!! /JI!. *ART. VIII SEC 2' **ART I SEC 1'***ART I SEC 3' "''''*>/CART I SECS! 11 & 16. , , , , " , r","-.z 1,3 /
";~' ~l ~"ip;.:" you~re ~RedSmith f:'~ '" .. I . . . , Awakening · .. 011, Lord, my God, I hear Yom voice; it is so sweet to hear. rd far away, butnow I know you're near. always thought It speaks of things ldidnot know that! W3$ here to do, But now life's Journey'sjust begun and Twill trust in You. I've walked that path that all must trod upon this Earth so fair, But now I hear Your guiding voice and know you're truly there. Dear God, Your roles are ever there for each of us to read; Give me, ob, Lord, not what I ask, but what I truly need. Material wealth, great comfortgives where'er on Earthit's found., But joy floods into everybeart when Your sweet voice is. sound. The rhythm -of Your universe is felt here on our Earth. We"ve lived in doubt, but now we know there was a virgin birth. You sent your only Son to us to show there is a way For each and every one of us to make it through the day. So when this life is over and this body laid to rest, I'll only say, Lord Jesus, You know I've done my best. ,.
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