IN THE UNITED STATES COURT


OF PUBLIC OPINION


In the Matter of Reduction of
Porcupine Damage/Mortality to Trees

The Trees, Porcupines, and Badger

vs.

The United States Forest Service, Congress Persons in Pocket of World Timber Corporations and, Timber Corporations

Complaint Case No: 000002

The Honorable Spotted Owl Presiding

I

Whereas the porcupines and the trees cannot represent themselves in this matter, the Badger of the Burnt River acts in their behalf.

II

The Porcupines admit to having lived in relative harmony with the trees and other wildlife in these woods for many centuries. That we are kind of an ugly and not too cuddly type animal. That is was not until relatively recentlythe U.S. Forest Service entered the scene that there arose a problem.

The porcupines admit to having occasionally eaten on maybe one out of every 50 trees in order to live. Despite this activity the Forest has generally survived in harmony with the porcupines. Now, the U.S. Forest Service wants to reduce the number of porcupines.

It was not until the U.S. Forest Service and logging companies came into the sacred forest and began clear cutting and other practices that major problems arose in the forest. The hill sides slid into the streams in the Western forest ranges clogging the salmon spawning beds with mud. With no oxygen in the gravel beds the salmon eggs would not hatch. The policy of destroying every two out of three trees in the pole patches in lower elevations, purportedly to increase timber production, caused a significant environmental change destroying the wintering homes of the deer herds. Once these things had occurred it was suddenly noticed that a porcupine ate upon the remaining one to two trees.

The porcupines claim they are not the true culprits and criminals in this case; but rather the Congress of the United States and United States Forest Service are in fact the true destroyers and murders of the trees. That it is those criminals that must be controlled and not the porcupines. If there is to be any reduction, it must occur with the number of supervisors in the Forest Service and a new Congress.

 That the U.S. Forest Service must cease and desist from further thinning of pole patches in the lower elevations of the forest in the wintering grounds of the deer and elk.

The porcupines further allege they and the People that wish to enjoy the forest have not had anyone in Congress representing their cause from the State of Oregon. That the elected officials are bought by the timber industries, food processing plants, and international fishing fleets, and that profits from the rape of the forests, over-and-above operating expenses of the Forest Service have been sent overseas through the Import-Export Bank, World Bank, and International Monetary Fund (IMF).

And, now that two-thirds of our forests are gone, and they are having trouble finding more trees to cut, the Congress and Forest Service wants to charge the People a fee to walk upon the trails the deer and elk have made and hunters kept open, of which the porcupines fully admit to using and causing no damage.

III

The Trees now come before the Court and say something in this matter. The trees admit to having lived in the Forest long before the U.S. Forest Service ever showed its ugly face within these mountains. That they lived upon the mountain, its slopes, and within the valleys. That they lived in peace with the wildlife and gave them shelter. They stood against the strong winter winds and protected the deer and elk from the cold and gave them a home. That they gave shade to the forest grass and lichen. That the deer and elk were pleased to live upon the moss of their limbs in the deep winter snow. That their shade helped retain the water in the forest that both wildlife, plants, and mankind depend upon for life. That the trees dwelled along the rivers in peace. That in some instances they did not mind being cut down to give homes to local ranchers, farmers, or residents of the United States, or to give jobs to loggers. For centuries they lived in harmony with the Native Americans.

The trees admit that their grandfathers and mothers stood upon the holy mountains, but then along came the wicked Forest Service and loggers that cut them down. Many loggers believed they had the right to cut down any tree they choose without regard to the wildlife, water retention, or other matters. The loggers tore up our mountains with roads everywhere and destroyed the peace and sanctuary of the Forest. Now deep dust remains where there was once life. The chipmunk, magpie, and raven are not even seen now in some areas. The land is dry.

The U.S. Forest Service was not satisfied with killing our grandparents. They mercilessly, without thought, understanding, or compassion proceeded to thin every pole patch they could find, killed our children every two of three trees in our nursery. Our tears of sap fell to the ground witnessing this unintelligent slaughter, without sympathy from man or the Congress. Money was more important to them.

The Forest is more than just a bank account or a place for cutting timber. The Forest as a whole is a living organism that deserve respect. If all the users of the Forest (including the U.S. Forest Service) could leave it as they find it, we wouldn’t have a problem. It gives us life.

IV

Now comes the Elk before the honorable court in this instance. Meaning that all courts are not honorable and many judges bought. The elk speaks for the benefit of the porcupines. The winter winds now blow through the pole patches where ourselves and friends the deer bedded down to escape the fierce killing winter winds. Once we could get out of the winter winds and snow in these dense places of timber. But the Forest Service destroyed our winter habitat and now wish our friends the porcupines to pay for their sins and mistakes. Plus, the Congress and Forest Service wants the people to pay a fee to breathe the fresh air in the forest, to walk upon the trails, to park at the trail heads, and pay for freedom and liberty. It is a sad day in the Forest.

We object to the further killing of younger trees in the pole patch areas. We object to the additional sunlight let into the woods that dried out the favorite moist grass of the elk and lichen of the deer. We object to a road almost everywhere that gives us no sanctuary from the hunter. The hunter comes and kills us both in and out of hunting season. It seems that someone has the key to the road’s gate and lets poachers in to kill us out of hunting season.

The elk speak further of their calving area on Patrick Creek which is in mortal danger. There are roads there now. It was advertised by printed circular that is where we lived and where our cows bore their calves. The notice said the roads were closed to protect us, yet man was not bright enough to remove the roads. The deer hunters came into our sanctuary looking for us to find us so they could return during elk season and kill us. We do not like man, we want our peace. We once lived upon the plains, but man drove us here, we fled into the woods so that we might have freedom.

Because the Oregon Game Commission advertised where we lived, and hunters came to disturb us, we fled across the Burnt River to our sacred canyon in China Creek. Therein we found our brothers and sisters. They told us that the mother herd elk was killed while trying to escape to the timber this past year in the sagebrush near the rancher’s field. She did not return to the sacred mountain to calve nor did her family return to the mountain. We are all hungry. The winter is before us. Let us all go up the mountain slope where there has always been grass. Yet, when we reached the mountain slope the grass was no longer 2 ˝ feet tall with grain on its ends. Nor did the roads have tall grass growing on them. The poachers have been in here killing our brothers and sisters. We found mostly stubble. How could this be? The seasons have not been too dry. The grass is short. Our cousins the short spotted elk have eaten much of it. We have not found food. Let us all go over to the next mountain at Beaverdam. There has been grass there and our other tribe of elk live there in the slopes of the sacred mountain. So, we found our other brothers and sisters, but there was only stubble there also.

The great herd mother then said, “We must have grass and feed in order to survive the winter snow. It will be upon us soon. There is green grass along the willows of the river, sweet unusual grass, that the ranchers have planted. We have not been shot at. It is always dangerous around man, but we must eat to survive.” So, the herd of 170 to 200 elk made this migration, three herds, from three areas, down to the river valley and ranchers fields at Hereford.

As the sun rose in the morning, strange things came at us fast, not on two legs as man, but strange things partially up off the ground, with round legs. We rose from our beds. These things pushed us together and forced us to go where we did not want to go. Then a great thunder came from all around us. The great herd fathers fell upon the ground, even cows and calves, and then came the two legged men at us on foot. Panic had entered the herd. We knew where we had been and there was no feed. Many of the older cows remember having lived in the mountains south of this blood soaked field. So the herd fled to the south, whether it will return to the north is not known. From herein this field will be called, “Field of the Blood Soaked Grass.”

So, the elk say to the Court and U.S. Forest Service. Stop destroying our sanctuary. We need at least 20 miles between roads to survive, not 5 miles. Stop thinning out our bedding down areas in the lower elevations. It is ok to thin pole patches in the upper elevations and summer grounds of our herds. Stay away from us. Take out your roads and leave us in peace. Leave us enough natural feed so we will not be tempted beyond our strength to travel to the ranchers fields.

V

Now comes the Deer, everything that has been said is true. We were once many. But when the harsh winter came and our homes were destroyed most of our families froze to death or starved and perished. Their bones litter the ground. We are a gentle animal, we have given life to those that have hunted us. We have given strength to their bodies as has our cousins the elk. None of us wish to die, yet the natural world which all of us eventually belong dictates a balance in nature. Life gives to life.

It is not only the U.S. Forest Service that is killing off our numbers, the Oregon Fish & Game Commission is more interested in dollars in their pocket now and issue doe permits. When the hunters kills a doe, they kill two deer, the other in the womb. Not all hunters will shoot does.

VI

Now comes the Mountain, I have lived here longer than any of you. That is why I am called the sacred mountain. I am the giver and the protector of life. It is upon my slopes that the trees, deer, elk, birds, and other wildlife dwell. It is here that the cattle graze and I give life to mankind. I have many cousins that reside nearer to the ocean. Their land is different, they have more rain. The logging companies have clear cut the timber, and the mountains have slid into the streams during the heavy rains. The mud filled the gravel beds where the salmon spawned. There was then no oxygen in the gravel, and the eggs would not hatch. The salmon are now few. Logging was not the only thing that destroyed the salmon runs.

VII

Now comes the once mighty Columbia River before the Court. I have flowed to the sea as long as the mountains have stood. I too am a giver of life. Mankind has not been good to me. Once I gave life to many people and animals that lived near me. Once there were many Native American villages along my banks. In those days man could walk across the backs of the salmon. With the coming of the White man most of the Native Americans died of disease brought by the White man, and those that remained were forced from my shores. The White man has yet to understand the forest or rivers and how they give life to us all . In my upper reaches they built a great dam called Grand Coulee. This dam had no fish ladder. There was a fish named after my Native American friends, the Chinook Indians. Of the Chinook, there was one special breed, they were bigger than all others, weighing 96 pounds and larger. This particular family of Chinook were called hoggers and had their children in the river above the dam. But when the dam was put in they could not return to their spawning grounds. The hoggers are no more.

The White man was not satisfied with only one dam, they put in many, some without fish ladders. The young salmon were ground up in the generators and died before they could reach the ocean. The representatives of the White man in the great Congress cared not about the fish or me, only to make money. They were bought by the timber companies and industries along the rivers.

As more and more of the Whitemen came, so my waters became polluted with nuclear waste from Hanford, dioxins from the pulp mills that process my friends the trees, and sewer from the many people.

I am no longer the mighty Columbia River. I am a series of lakes flowing slowly to the sea, and the salmon are few. There was once a great fishing village at Corbett next to the City of Portland, Oregon. The Chinook Restaurant was filled with people. There were many docks and small commercial fishermen. The docks and the small commercial fishermen are no more because the salmon are mostly gone.

VIII

Now come the Salmon before the Court, it is true. It is all true. There is few of us left. The illustrious senators from Oregon made sure that the international fishing fleets owned by corporations in this country continued to fish for years with closed mesh nets. They even allowed them to continue to fish with those type nets, so long as the Nation received a small fee from the fleets for raping and killing us. These distinguished gentlemen (cough, cough) had a great treasury, and one of them had 6.1 million dollars in his campaign fund, of which the people of Oregon were not the majority contributors, but rather the world corporations owned this man. The representatives did not represent the people of Oregon, the porcupines, deer, or elk. Once the salmon were nearly gone, they did finally outlaw the closed mesh nets. Too late! The People of Oregon have never been too bright when it comes to politics. It seems that their present Congressional Delegation is as bad as the prior politicians owned by the corporations. If they stay on the fence will they be pushed off? Will they fall in the barb wire and feel the consequences of their decisions? Will the People of this State and other States finally wake up and do something about the situation? Or, will they continue to be sheep.

IX

Now comes the Badger of the Burnt River and speaks of what he has seen. The Badger stood upon the Western slopes of the Blue Mountains, West of Dixie Pass, East of Prairie City , looking Southwest into the Strawberry Mountains in the Fall of the year. There he saw 50 fires of the U.S. Forest Service burning the small trees removed from the pole patches. He walked along the North Fork of the Burnt River from Whitney Oregon to where the Forest Service cut out the pole patches. He saw the piles of the burning slash along the river from both selective cutting and thinning of pole patches that spread because of the lack of containment and watchfulness. He stood upon the sacred mountain and looked at all the cut and downed timber that still remains laying. The once rich and dense forest, the sanctuary and shelter for the game is now gone. He see roads everywhere they should not be. He has seen the great wealth of timber of this nation shipped overseas. He has seen the great international fishing fleets, 19 vessels stretching from horizon to horizon, off the Oregon coast line. He has seen the lights of the vessels come inside the 3 mile limit at night. He has seen the salmon disappear.

He saw the mother cow elk of the sacred mountain shot in the sagebrush. For six years he had seen her bring her calves upon the sacred mountain and renew life. When you kill a cow elk you actually kill two elk. It is she that guides the herd in its travels and life, not the male herd bull. The sacred herd mother will not bring forth another elk in the next season. In this season she brought no herd at all upon the mountain, nor did her offspring return for they remember her death.

The Badger of the Burnt River placed the curse of the sacred mountain upon the former District Ranger that butchered the Burnt River Valley. I place the same curse upon all of those persons that would destroy the forest and not restore it.

X

Now comes the Raven before the Court. Yes, I have seen it all. It is all true. I have flown high above the forest and seen the patch work where timber once stood. I have flown high over Mt. Hood and seen the patch work of clear cuts. I have seen the clear cuts all the way to the California boarder. I have eaten many of the deer which starved or froze in the winter. The Badger is a very mean animal, but even he knows what has been done, is being done, is wrong. I stay way up in the trees or high in the sky most of the time so the Badger will not get me. I am glad to see the Badger going after the politicians, corporations, and managers of the Forest Service that ordered the indiscriminate raping of the Forest. I don’t think the employees are so bad, they need to work and eat too and were told what to do by their supervisors. We want to make sure they have jobs and can feed their families. But to those people that have raped our forests for only the sake of money, let the judgment of the court be heavy upon them.

XI

But wait, who is this that now comes to testify? I am the Hunter. We are not all the same. I hunt to bring life to my family, to feed my family as has been done for centuries. I am the hunter, I am the gatherer, and despite the many cities I still exist. I also come to the forest to be free. To breathe the fresh air, to walk the trails, to cut the timber across trails for firewood.

I was a soldier. Soldiers have fought all over the world to preserve freedom and liberty for the American People. These soldiers have been both men and women of all races, colors, and creeds. The freedom and liberty they fought for includes the right of all American Citizens to breathe the fresh air in the forest, to hear the raven and magpies calls, to walk upon the trails the deer and elk and hunters/gathers have made, to park vehicles at the trail heads without paying a fee. Those that fought or died in defense of that freedom and liberty have already paid the fee.

Not all hunters are the same. I am not a professional hunting guide. I do not bring in many Californians to herd the animals with vehicles and then slaughter them in a field. My ancestors hunted with the Native Americans and knew William Bill Cody. Even though Buffalo Bill Cody had wronged the Native Americans and wildlife, in later years he set out to correct his wrong, as I encourage the Congress and Forest Service to do.

I do not cut green trees for firewood. I do not litter the forest. I hunt only during the lawful season. I return something to the land during each hunting trip. I plant trees or grass that is certified weed free. The land is sacred and gives us life. We must protect the land and resources, but use them properly to sustain life in the forest. We can also give people jobs, but not at the expense of destroying the forest and its wildlife. Timber provides lumber for our homes. The loggers do not have the right to cut every tree they want. They certainly have the right to timber properly cut.

XII

Now comes the porcupines, trees, deer, elk, salmon, sacred mountain, badger, hunter, and other wildlife seeking judgment upon the U.S. Forest Service and request: That one of every three supervisors of the U.S. Forest Service be put to work in the woods removing roads and planting trees. That any Congress person that will not support the protection of the Forest be replaced by one that will. That all the lands in the Forest be turned over to the sovereign States in order to protect them from the Congress and United States Forest Service. That a fair tax and freedom and liberty be restored to the People of the United States. That the Public Lands Restoration Act be passed by Congress.

That every supervisor that has directed the thinning of the pole patches be given a hoe, pick, and shovel and be forced to labor in the woods repairing the destruction they have directed. Let them tear up their roads. Make them go back into the woods and replant three trees for every tree they have destroyed, so that the porcupines may have food to eat, the deer and elk have food and shelter, and that mankind can walk in peace, and the Badger rest in peace in his hole.

Let the managers in the U.S Forest Service that directed this rape and pillage be forced into retirement. May the timber corporations of the world that completed this ugly deed be granted no tax advantage that is not given to any other American Citizen. And, to those employees of the Forest Service that were directed by their supervisors to do such destruction upon the public lands be forced to dig up thistles and poke the supervisors in the read-ends with them to make them work faster in their road removal and reforestation process.

May the porcupines, elk, deer, badger, and wildlife live to see and enjoy this spectacle and the restoration of the Forest. May the Public Lands Restoration Act be implemented.

XIII

All stand, now comes the Honorable Spotted Owl, rendering a decision in this matter.
I petition for relief in behalf of the Plaintiffs. Although the Congress persons, Forest Service Personnel, world corporations, and world timber corporations did not appear before the Court, sufficient evidence has been found to proceed against them. Since the loggers would like to fry spotted owls instead of taking care of the forests, it is the decision of this Court that the Public Lands Restoration Act should be passed and all Congress persons not supporting it be removed from office.

Freedom and Liberty With Responsibility

Mr. Roger A. Stolley
The Badger of the Burnt River
Salem, Oregon

Please click on links to view proposed legislation:

Bill of Rights Protection Act
Pearl Harbor Attack - NO SURPRISE
Act to Restore Citizens' Rights to Use State Parks
Revised National Public Lands Restoration Act
United States Hunting and Fishing Act
Feeding of the Sheep
Freedom Passing

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