THE BEND BULLETIN..Bend, Oregon...March 22,
1998
"You get thrown around, from side to side all
over the place, said Dylan Edwards, who spends
much of his workday on the road, delivering food"
....
In a foulup that state highway engineers made sure not to repeat on Bend's new parkway, batches of SOFTER AGGREGATE, or gravel, from the Horse Ridge area have broken down under the gouging of studded tires and the weight of trucks
No one is happy about it, and the rock specs have
been tightened up to prevent a recurrence.
But Oregon officials warn not to hold your breath
for a big (as in $1.5 million) paving job. That
could be two or three years away.....
A Deschutes River Woods resident stated "Does somebody have to be killed before they do anything ? It's really ludicrous that they allow this to go on."
A superior source of state spec aggregate exists
south of Bend which was being mined by Deschutes
Ready-Mix, the major supplier of ready-mix and
one of the main construction cmpanies doing work
on the 90 million dollar Bend parkway. The
authority for mining this deposit is granted in
the mining laws and in particular, the Common
Varieties Act of 1955.
On July 23, 1993 the Bureau of Land Management
issued a bogus "cease and desist" order stopping
production at this site. Knowing they had the
protection of their own courts, they were able to
get away scott free and totally absent
from liability, even after their own court, the
Interior Board of Land Appeals, stated in their
12/17/96 decision that the government "lacked
authority to issue a cease and desist order,
without a court order (federal district court)."
This illegal shutdown interfered with Rothbard's
right to a fair hearing, which took place on June
27, 1994, a full year after the illegal
shutdown.
The BLM agreed to good faith talks prior to the
hearing in which claimant Ray Rothbard proved to
them that this particular deposit was an
uncommon variety deposit of superior
quality material, in 25 plus hours of "good
faith" talks. However, the BLM failed to
acknowledge the truth and the day of the hearing
introduced fabricated evidence in an attempt to
obfuscate the facts. Claimant Rothbard ,
representing himself pro se,
pointed out these inconsistencies many times
durng the hearing, including a motion for
dismissal for failure of the BLM to establish a
prima facie case, but the presiding Judge, John
Rampton helped the BLM's cause by ignoring the
facts and acted as aid to the BLM, by ignoring
Rothbard's motions, evidence, and expert witness,
Bob Coats. Needless to say, he ruled against the
validity of the deposit.
In ignoring the facts, he
did a disservice to all the residents of
Deschutes County, and the result is millions of
dollars in damages to the existing roads due to
inferior aggregate being used.
This illegal act of removing "superior materials"
from the marketplace was helped by Bruce
Patterson from the ODOT state materials lab,
who tested all the samples taken and testified
under oath that the material only required
screening to meet state spec, and failed to show
that any other source within the county was
comparable.
This obvious act of government corrupton was
brought to the attention of Congressman Bob Smith
(who refused to help saying this is a civil
matter), Attorney General Janet Reno who refused
to acknowledge the many requests for help, as
they referred the case to the FBI who lost the
file twice and failed to respond, President
Clinton and Bruce Babbitt (head of the Dept. of
the Interior), and many others.
This is a request for help to restore justice and
integrity in our government, and is quite
indicative of how the people suffer as a result
of these crimes which normally are unknown to the
public, and won't be prosecuted by the "proper"
authorities. The Oregon state office of the
Bureau of Land Management committed many civil
rights crimes against Rothbard, knowing the ONLY
way they can be held liable is to be dragged into
federal district court like arrogant gangsters.
As a Viet Nam Era veteran and little league
president of five years, I, Ray Rothbard have
found this conduct to be deplorable and sickening
as Marianne King, Jerry Capps and Jim Kenna of
the BLM are the most corrupt bureaucrats I have
ever encountered, and this country will suffer if
people like them are allowed to break the law.
Further proof of any of these accusations is
readilly available and will be furnished upon
request.
Ray Rothbard
54411 Huntington Rd.
Bend, Oregon 97707
Return to Arrogance of Power website
Or you can email me
Rothbard@webtv.n
et