Miner arrest stirs unrest; sheriff urges calm
From our weekly issue dated October 07, 2009
Gilbertson addressed miners’ concerns. (Photo by Scott Jorgensen, I.V. News )
Every month, several groups of miners meet informally at Pottsville, near Merlin. But the meeting was different on the evening of Friday, Oct. 2, as Josephine County Sheriff Gil Gilbertson came to speak.
Gilbertson was present to discuss issues that have arisen since the Sept. 9 arrest of Gold Hill resident Clifford Tracy.
Tracy, 37, was arrested during a traffic stop by U.S. Forest Service law enforcement officers. He had just left his claim on Sucker Creek in Illinois Valley, and was lodged at the Jackson County Jail in Medford for two weeks.
Ron Gibson, Southwest Oregon Mining Association vice president, told the 75 audience members that Tracy was pressured into signing a document stating that he would not return to the site.
The mining community disputes the “chain of events that has happened,” Gibson said. He insists that the federal agencies have no regulatory authority over locatable minerals.
Gibson said that he has been contacted by miners throughout the western United States, and received more than 150 calls regarding the Tracy incident.
Gilbertson met with Gibson and a few other miners on Friday, Sept. 25 at the sheriff’s office in Grants Pass to listen to their concerns. During that meeting, Gilbertson promised to come and speak to the larger group to clarify his department’s position on enforcement of mining activities.
Josephine County Commissioner Sandi Cassanelli also attended, along with commission candidate Jack Brown.
Prior to Tracy’s arrest, Gilbertson said that he knew “zip” about mining laws, but has since spent much time researching various federal statutes. Gilbertson stated that he issued a memorandum to his deputies asking them to not enforce mining laws until he has fully examined the issues involved.
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However, he cautioned the miners against taking the law into their own hands to protect their rights.
“I won’t tolerate violence,” he warned.
Gilbertson said that he plans to discuss the issues with the deputy he has under contract to the federal Bureau of Land Management. That deputy was on vacation as of Oct. 2, Gilbertson said.
Gibson told Gilbertson that mineral estates issues mostly involve “exclusive possession” rights, which should be protected.
“We’re not talking about government lands here. We’re not talking about federal land here,” Gibson said. “It’s a private property issue that is paramount here.”
Many area miners have been cited for issues for which they never should have been cited, Gibson said. He added “We either have a granted right, or we don’t.”
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