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