Illinois Valley News

A series of high-profile incidents have put miners in Southern Oregon on the defensive during the past several months, with some being cited into court for various alleged violations.

However, some of those cases are now making their way through the legal process, and miners are occasionally finding the law on their side.

In a statement issued Monday, Feb. 15, Ron Gibson, vice president of Southwestern Oregon Mining Association (SWOMA), announced a decision regarding miner Dusty Ford.

Gibson wrote that Ford was cited on Sept. 3, 2009 by law enforcement officers from the federal Bureau of Land Management (BLM) for first-degree criminal trespass, second-degree criminal theft and first-degree criminal mischief.

At the time, Gibson wrote, Ford was “on his lawful mining claim in Southern Oregon.“

Ford“s trial was held Feb. 10 at the Jackson County Courthouse in Medford.

“The BLM failed to prove any guilt on Dusty Ford for any of the charges,“ Gibson wrote, adding that the trespassing and theft charges were dismissed “halfway through the trial.“

A six-person jury returned a verdict of “Not Guilty“ for the criminal mischief charges, Gibson wrote.

During a Tuesday, Feb. 16 telephone interview, Gibson said that seven similar cases are pending throughout the state. He expressed confidence that the miners eventually will triumph once they have their days in court.

“The thing we“re trying to get the public to understand, and the agencies, is that this is all frivolous,“ Gibson said. “They trump up criminal charges and are trying and hoping that they can fling manure and that it sticks somewhere.“

Renewed battles regarding mining flared in September 2009, when Gold Hill resident Clifford Tracy, 37, was arrested during a traffic stop after leaving his mining claim on Sucker Creek in Illinois Valley.

Tracy ultimately was convicted in federal court of mining without a permit, and had a water pollution charge pending against him in Josephine County. Gibson said that charge was brought about by BLM, but ultimately was dismissed before it could reach a trial. He added that an appeal of Tracy“s conviction will be filed before the end of February.

Also being trumpeted by Gibson is a Dec. 15, 2009 ruling from a federal district court in Pennsylvania.

Gibson said that ruling sets a precedent that the U.S. Forest Service “does not have authority on private mineral holdings.“

“That further substantiates the rights of mineral holders,“ Gibson said. “All this garbage that they“re doing this illegally absolutely has no merit in the law at all.“

Gibson said he furnished a copy of that particular ruling to Tracy“s attorney, who was “very appreciative of having that.“ That ruling,

Gibson said, was “in support of the fact that a private in-holding is not subjected to the government regulation that the miner has.

“The mineral is segregated from the public domain,“ Gibson added. “That“s what the law says. That“s what the courts have constantly reaffirmed over and over and over.“

Federal agencies have “way overstepped their bounds,“ Gibson said, in an attempt to “fight and intimidate miners and people on the public lands.“

Although he said he is pleased by the recent court rulings, Gibson cautioned that the mining community still faces significant challenges.

“At least we can take one breath. We can“t sigh in relief yet,“ Gibson said. “We still have to fight the battle, but I think the fight is being turned.“

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