Hospitals & Asylums








State of Oregon v. Ashland Forest Resiliency HA-5-10-17


By Anthony J. Sanders




The County Commissioners will host a public meeting about removing the Dead from the name of Indian Memorial Rd. at 5:30 p.m. Oct. 11 in the Jackson County Courthouse Auditorium, 10 S. Oakdale Ave., Medford.  Both times DEAD was painted back on the sign a dead body had to be removed.  Indian Memorial Rd. is groovy and the friends are always home on the plateau in the summer. For thousands of years, the Takelmas lived in what are now called the Rogue and Illinois River valleys. Many died from smallpox epidemics after exposure to European settlers.  In the 1850s, most remaining tribe members were forcibly removed and relocated to reservation land near the northern Oregon coast.  In 1855, whites found two deceased Native Americans up near the Cascade crest north of town. In 1870, Jackson County built a road from Ashland across the Cascades to Klamath Falls and didn’t name it. So, the locals named it, just by common usage — Dead Indian Road.   The Jackson County Board of Commissioners in 1993 bowed to public displeasure with the name and added the “Memorial.”  However, many still find it offensive, as the “Dead” Indian remains. In 2015 a Native American speaker at World Peace and Prayer June 20-22 distinctly requested that the name of Dead Indian Memorial Rd. be changed, and he suggested Grateful Dead Memorial Rd.  In the 2017 Women's March another Native American speaker also condemned Dead Indian Memorial Rd. Word from Red Earth Descendants on September 17, 2017 is that many inter-tribal people in the valley have worked over the years to change the name of this road.  Jaimie lived up there for a number of years and was involved in the last official go-round to get the name changed in the 90's (when "Memorial" was added to the offensive first part).  We naturally support the recent campaign to take the "Dead" off, and will be putting the word out far and wide!  On October 1, 2017 Grandmother Agnes the last surviving member of the Takelma tribe celebrated her 93rd birthday with a benefit at Applegate River Lodge.


The Rogue River War of 1855-1856 was an unambiguous example of a war against Indians that was drummed up to attract public funds, a pork barrel war, successfully promoted by rival politicians who effortlessly thwarted the humane intentions of the new western reservation policy, notwithstanding the vociferous objections of both civil and military officials of the federal government. In June and July of 1954 the federal paymaster was at work in southwestern Oregon and northern California paying the wages of the volunteers involved in the 1853 campaign. The paymaster disbursed a little less than $70,200 in hard money for wages. Businessmen who supplied the volunteers were paid with War Department funds funneled through the Democratic territorial governor, George Curry, and got about $151,400, making a total of about $22,600 or more than $4.4 million 1990s dollars. Credit for getting the government to pay for the campaign went to another Democrat, delegate Joseph Lane. The idea of fighting Indians for federal money might be the way to compensate for the drought. Even if they weren’t paid quickly, they could at least eat on the government’s credit. As the pressure for war built up in the Rogue River valley, Indian affairs superintendent Joel Palmer was acquiring Indian land on the coast. But when Palmer was holding talks near the mouth of the Rogue River on August 26 with representatives the Indian people fled when soldiers brought the corpses of two Indians and three whites to the council ground. While Palmer was making treaties in the fall of 1854, a political rivalry was developing that would destroy the peace he hoped to ensure. The rivals were the dominant Democratic party and a new political grouping called the Know-Nothings. A product of the breakdown of the Whig party and a precursor of the Republicans, the Know-Nothings made opposition to foreigners and  Catholics their political focus. In Oregon, the organization became a tool of opponents of the Democratic Party. Asahel Bush wrote in the Statesman, “the Know-Nothings were engaged in the most ridiculous piece of bigotry, intolerance and stupidity grown persons had ever engaged in”. In the words of Tipsu Tyee, Hi u lum; nika wake memeloose mika! You are very drunk or I would kill you!.  George Manypenny, Indian Affairs Commissioner, set out the principles of the new reservation policy in his 1853 annual report. His plan was to place western Indians in suitable locations, limited in extent and distant as possible from white settlements, and to teach and aid them to devote themselves to the cultivation of the soil and the raising of stock. The theorists who developed the American reservation concept ignored the poor results of these earlier efforts. Joel Palmer agreed with the reservation policy and in a letter dated June 23, 1853 in which he said the “aborigines should be given a home remote from the settlements where they could be guarded from the influence of pestiferous white men. They should have comfortable houses, schools and instruction in farming and Christianity. The making of the treaty was curiously complicated. Two treaties were made. A Treaty of Peace was concluded on September 8 and Treaty for Sale of Land on September 10. Both treaties were translated into both languages. They were ratified by Apserkahar, Toquahear, Anachaharah, John and Lympe. The Indian negotiators were misled. They were under the impression the Table Rock Reservation would belong to them permanently. By the terms of the 1853 treaty the Rogue River valley peoples gave up roughly two thousand square miles in return for $60,000 of which $15,000 was to be used to pay war claims by the whites. The war had cost $250,000, $7,000 a day and extermination would be too expensive. The remaining $45,000 would be paid out in installments in the form of “Blankets, Clothing, farming utensils, stock and such other articles as may be deemed most conducive to the interests of said tribes”. The Indians kept a parcel of about one hundred square miles north of the Rogue River with Table Rock at its southeastern corner. It would be considered a reservation until “a suitable selection shall be made by the direction of the President of the United States”. The treaty called for houses to be built for the three principal chiefs and the government was building a house for him on the Table Rock Reservation when the climactic phase of the Rogue River conflict broke out in 1855. Before the war Rogue River peoples numbered around 9,500 in 1851, by the middle of 1857 Indian Service agents counted only 1,943 survivors on the Coast Reservation of whom around 25% had died of disease by 1858 (Schwartz ’97).


This trial of the Ashland Forest Resiliency has been arranged with a $500,000 fine for incitement against the Ashland City Council due process by the County Commissioners regarding election under artificial weather modification ORS §558.440.  This trial now moves to impose the $1 million fine for the crime of genocide precisely against Ashland Forest Resiliency under 18USC§1091 and to break the Republican murder stronghold with another $500,000 fine for incitement to penalize Oregon Forestry and Legislature to amend their pyromaniac treatment of, to penalty for slash under OAR 629-615-0000 and -0300 for a total of $2 million plus $36 million already owed Jackson County Parks supervision by the Forest Service in behalf of the National Park Service Director of Rogue River Siskiyou National Forest under 54USC§100101(a).  The natural law of genocide seems to be that the City must not invade the forest with labor.  The City of Ashland made a fatal error murdering and arsoning David Lewis on Dead Indian Memorial Rd. when they created Ashland Forest Resiliency in 2009 and decapitated David Grubbs in 2010.  Neither arson or murder was detected until the Forest Service gave their Ashland headquarters to their interstate arson contractor Lomakatsi and Avi Feldman was stabbed to death by Pablo el diablo, slasher of Acid Castle Rocks, after George died of heart attack when Streptococcus pyogenes infected burners are thought to have coughed on his campfire near what is now distinguished by the megaton of kindling slash pile at Four Corners and hundred kiloton slash piles scattered near at the Four Corners. In light of the shrubbery going on in Mediterranean climates this 2017 the Oregon Board of Forestry and legislature need to amend the Treatment of slash OAR 629-615 to “Penalty for slash” and seriously consider repealing the prescription for burning as state sanctioned pyromania, arson and terrorism, a veritable “prescription of law” prohibited by the Rome Statute of the International Criminal Court, after review of the 2017 fire season and new medical evidence that pyromania extends beyond the Smoke Management Plan causes Streptococcus pyogenes infections of the heart and tooth in burn workers and people they come in contact with, fungal Cryptococcus spp. in AIDS patient, not found in backyard burners who don’t burn more than one pile, under OAR 629-615-0000 and -0300.  Streptococcus pyogenes causes a 25% chance of dying from a heart attack within ten years if untreated with antibiotics.  Furthermore, to detriment of political science and heart attack survival, only 50% for Staph heart attacks admitted to a hospital, pyromania acquired Streptococcus pyogenes + hospital acquired methicillin resistant Staphylococcus aureus (MRSA) = toxic shock syndrome, probable cause of the national pain epidemic affecting nearly 100 million people, that must be treated with doxycycline (doxycycline hyclate), the once a day antibiotic, or clindamycin for children under age 8 and pregnant women. The law of the parkland seems to be: (1) Slash must be chipped or chucked in a clearing so that it is not piled or threaten to cause additional fire hazard under ORS477.580.  (2) Pyromania is thought to exist if more than one slash pile is created, if that pile threatens to set afire a tree or structure, if an industrial slash pile is tarped to keep the kindling dry and prevent natural decomposition, or if slash is arranged to create a fire ladder to conflagrate shrubs and trees (3) In nature slash would decompose and become inflammable faster if it were not unlawfully piled and tarped over. (4) When cutting a trail through thickets to reduce fire risk and increase psychic enjoyment of the forest, it is important that limbs are cut and removed from the thicket one at a time, and chucked in the nearest clearing if the location is too remote to transport the firewood. (5) Slash and burn forest labor is arson.  Whenever any peace officer has reasonable cause for believing that a person is unlawful cutting of conifers or special forest products without the permission of the owner under ORS164.813 the peace officer may seize and take possession of the trees or special forest products. Arson in the first degree ORS164.317 is distinguished from arson in the second degree ORS 164.335 by the fact that by starting a fire or causing an explosion is protected property and recklessly endangers the person and property of another.  A person commits the crime of reckless burning if the person recklessly damages property of another by fire or explosion under ORS164.325.  Criminal homicide is murder, manslaughter, criminally negligent homicide or aggravated vehicular homicide under ORS163.005.


Manzanita Killer




Source: Astronomy Camp


By chucking slash the natural fire hazard risk can be reduced from 3 for piles whose flames would theoretically be greater than 8 feet to 1 chucked in a clearing because the flames would be spotty, not crown and be less than 5 feet high under OAR629-044-1045(4). Because their Forestry Department is not unusually attributed with arson although the Forest Practices Act is cruelly and unusually obsessed fire, and in fact sued for a $500,000 fine in regards to their incitement of arson as a crime of genocide caused by their treatment of, rather than “penalty for slash”.  The occupying State of Oregon shall be regarded only as administrator and usufructuary of public buildings, real estate, forests, and agricultural estates belonging to the hostile Forest Service, and situated in the occupied country. It must safeguard the capital of these properties, and administer them in accordance with the rules of usufruct under Art. 55 of Convention IV Respecting the Laws and Customs of War on Land and Annex, Hague 18 October 1907.  Usufruct is a limited real right (or in rem right) found in civil-law and mixed jurisdictions that unites the two property interests of usus and fructus: Usus (use) is the right to use or enjoy a thing possessed, directly and without altering it.  Fructus (fruit, in a figurative sense) is the right to derive profit from a thing possessed: for instance, by selling crops, leasing immovables or annexed movables, taxing for entry, and so on.  A usufruct is either granted in severalty or held in common ownership, as long as the property is not damaged or destroyed. The third civilian property interest is abusus (literally abuse), the right to alienate the thing possessed, either by consuming or destroying it (e.g. for profit), or by transferring it to someone else (e.g. sale, exchangegift). Someone enjoying all three rights has full ownership.  The Law of Moses directed property owners not to harvest the edges of their fields, and reserved the gleanings for the poor (Leviticus 19:9-10, 23:22).  Abuse of the urban-forest interface by Ashland Forest Resiliency / Lomakatsi / Grayback Forestry Inc. / United States Forest Service to slash and burn is incompatible with public land ownership. Whenever any peace officer has reasonable cause for believing that a person is unlawful cutting of conifers or special forest products without the permission of the owner under ORS164.813 the peace officer may seize and take possession of the trees or special forest products. Common Article 1 of the International Covenant on Civil and Political Rights of 23 March 1976 and the International Covenant on Economic, Social and Cultural Rights of 3 January 1976 provides; In no case may a people be deprived of its own means of subsistence. The large animals are tired of subsidized criminals taking all the special forest products and destroying the land so there is nothing for anyone to eat and nowhere to sleep.  If the Ashland Fire District cannot arrange for Jackson County Parks to host the weekly meetings regarding Rogue-River Siskiyou National Forest they must do it themselves to stop jeopardizing municipal security by giving the Forest Service privileges and in particular selling them burn permits for which the Ashland Fire District is under investigation by Jackson County Parks.  Unfortunately, although the United States Forest Service is permissive of all sorts of good and bad things, as the result of their manzanita killing have overstayed their welcome in the Southern Oregon and Northern California.  Although the Oct. 7 bike race is supported, the ribbon occupying a parking space at the Fairy Ponds is two days early, the Forest Service stalks too loud at night, owes Jackson County Parks $36 million and all their land and property within the jurisdiction.  Specifically the weekly Forest Service meeting at the Ashland Fire District needs to immediately abolished or they will be dishonorable discharged for their homicidal bribery and intimidation of the city into the national forest in obstruction of justice under Rule 96 (Art. 134) of the Manual for Courts-Martial ineligible for both continuing federal employment and the disability retirement they are now pre-authorized for under 5USC§8337 and will only be eligible for disability in Sec. 223 of the Social Security Act under 42USC§423 for the period for which they are not in prison.


Pyromania is a particularly criminal mental disease, often accompanied by criminal homicide in the case law and it is felt that that due to pyromaniac disease or injury, slash and burners are unable to render useful and efficient service in the employee’s position are not qualified for reassignment, and therefore due disability retirement under 5USC§8337(a).  A person may be institutionalized if they are a harm to themselves or others under Washington v. Harper (1990).  Petitioner, who is serving a dangerous offender sentence after being convicted of arson and other crimes in 2000, seeks judicial review of an order of the Board of Parole and Post-Prison Supervision (the board), arguing that the board erred in deferring his parole consideration date.  In my clinical judgment, that [petitioner] would remain a danger to the community if he were to be released at this time and consider his prognosis to be very guarded Grimm v. Board of Parole and Post-Prison Supervision A148397 September 27, 2012.  Evidence is essential to medical negligence claim--i.e., without it, defendants would be entitled to a directed verdict on that claim.  When deciding whether to admit scientific evidence, the relevant inquiry is whether the evidence is derived from "scientifically valid" principles.   Scientific validity is the linchpin of admissibility. In making that determination, the court is to consider various factors, including, (1) The technique's general acceptance in the field; (2) The expert's qualifications and stature; (3) The use which has been made of the technique; (4) The potential rate of error; (5) The existence of specialized literature; (6) The novelty of the invention; and (7) The extent to which the technique relies on the subjective interpretation of the expert. The proponent of the proffered expert testimony bears the burden of proving by a preponderance of the evidence that that evidence satisfies the requisites of scientifically valid foundational admissibility.  The Supreme Court noted that Grimm had "eliminated other potential causes of [the] plaintiff's conditions through differential diagnosis, which is a generally accepted form of scientific inquiry."   With respect to Grimm's reliance on his experience with other patients, the Supreme Court noted.  Any scientist can check Grimm's testing methods and the clinical history of each of his patients. Grimm's hypothesis is based on his own experiences and observations, as well as on scientific methodology. It was tested by his evaluation of about 50 patients, most of whom exhibited 'unique' symptoms and conditions similar to those of plaintiff Marcum v. Adventist Health System/West et al Multnomah County Circuit Court 040505205; A129660 March 22, 2007. Arson is a common crime that is often committed in conjunction with murder and other serious crimes State of Oregon v. Smith. Jackson County Circuit Court. Case No.: 120826FE. February 2, 2012.  State of Oregon v. McDonald Jackson County Circuit Court Case No.: 13CR05637 August 12, 2013.  State of Oregon v. Wheeling Jackson County Circuit Court 114206FE; A153578 December 18, 2014. Along with two counts of arson, defendant was convicted of one count of attempted aggravated theft by deception. The state’s theory of that charge was that defendant, with intent to defraud, attempted to obtain Oregon Mutual’s property by creating a false impression (that there had been set accidentally and not through her own fault) State of Oregon v. Ramos Washington County Circuit Court C092342CR; A150423 December 18, 2013. Mandamus relief may be appropriate when “the trial court’s decision amounts to ‘fundamental legal error’ or is ‘outside the permissible range of discretionary choices’” available State of Oregon v. Moore CC 14CR12536, SC S063946 October 13, 2016.


Pictures/Photos%20Library.photoslibrary/Thumbnails/2017/10/05/20171005-004629/AzR7NymASaKFyEhEGflVZA/thumb_IMG_20171001_130000_1024.jpgThe Necessity of Prescribed Burning under OAR629-048-0020 is brought into question by Smoke Management Plan regulations within the Forest Practice Act. (1) All of Oregon's forestlands are flammable under the right conditions of fuel dryness, heat and wind.  (2) As a part of the natural ecology of forestlands, wildfire is neither necessarily good nor bad, however, there are a number of characteristics of unplanned, uncontrolled fires that are usually regarded by humans as undesirable. Among these are threats to public safety, destruction of natural resources, destruction of property and the adverse health effects that can occur from breathing a significant amount of fine particulate matter associated with wildfire smoke. (6) When adequate forest fuel reduction can be achieved economically without the use of prescribed burning, because of other fire associated risks, that choice is usually favored. Even so, there are often silvicultural or agricultural advantages to prescribed burning such as site preparation, nutrient cycling and reduction of pests and disease that may not be achieved by simply removing the forest fuels. For all of the reasons described above, the Legislative Assembly (ORS 477.552) and the Board of Forestry have found it necessary to maintain the viability of prescribed burning as a forest management practice. The test of “manifest necessity” was set forth in United States v. Perez, 22 US 579, 6 L Ed 165, 9 Wheat 579 (1824).  State v. Cole, 286 Or 411, 419, 595 P2d 466 (1979) held that the state had “sustained its burden to show that there was such a ‘manifest necessity’ as to justify the dismissal of the jury and avoid the bar of double jeopardy,” when the trial judge in that case had become so ill that he was hospitalized.  In so holding, the court distinguished between two distinct kinds of necessity: (1) “physical necessity”, and (2) the “necessity of doing justice” based on the duty of the court to “guard the administration of justice.” The court characterized the circumstance of the judge’s illness as a “physical necessity” and noted that “there is nothing in the record to show that either the defendant or his attorney would have agreed to the continuation of the trial before any other judge.” Justice Linde, specially concurring, emphasized that the trial judge “became incapacitated after the jury was selected and sworn but before any testimony was taken.  The words ‘manifest necessity’ appropriately characterize the magnitude of the prosecutor’s burden. *** [But] it is manifest that the key word ‘necessity’ cannot be interpreted literally; instead, contrary to the teaching of Webster, we assume that there are degrees of necessity and we require a ‘high degree’ before concluding that the mistrial is appropriate.” A substantial number of factors enter into the assessment of ‘manifest necessity’ on a fairly regular basis. They are (1) the source of the difficulty that led to the mistrial—i.e., whether the difficulty was the product of the actions of the prosecutor, defense counsel, or trial judge, or were events over which the participants lacked control; (2) whether the difficulty could have been intentionally created or manipulated for the purpose of giving the prosecution an opportunity to strengthen its case; (3) whether the possible prejudice or other legal complications created by the difficulty could be ‘cured’ by some alter- native action that would preserve the fairness of the trial; (4) whether the record indicates that the trial judge considered such alternatives; (5) whether any conviction resulting from the trial would inevitably be subject to reversal on appeal; (6) whether the trial judge acted during the ‘heat of the trial”.  After Harrington was damned to couple of months in prison for obstruction of waterways in contempt of court, and John Thiry who flicked a cigarette butt into the kerosene soaked grass behind Pacific Oasis Fire Fighter Academy, starting the both the first Oak Knoll fire that took more than 10 homes and was fatal to a firefighter and the second Oak Knoll Fire of an alcohol truck, that ignited the Rogue River Siskiyou National Forest Fire, the largest in the nation, after he was murdered with poison hemlock.  To promote non-recidivism, order and discipline, it manifestly necessary under the V Amendment that the Hammonds be released and are due remission of their fine under 18USC§3573.   


Due process by a magistrate, in the first instance treats upon Fire 36CFR §261.5 to prohibit the following: (a) Carelessly or negligently throwing or placing any ignited substance or other substance that may cause a fire. (b) Firing any tracer bullet or incendiary ammunition. (c) Causing timber, trees, slash, brush or grass to burn except as authorized by permit. (d) Leaving a fire without completely extinguishing it. (e) Causing and failing to maintain control of a fire that is not a prescribed fire that damages the National Forest System. (f) Building, attending, maintaining, or using a campfire without removing all flammable material from around the campfire adequate to prevent its escape. (g) Negligently failing to maintain control of a prescribed fire on Non-National Forest System lands that damages the National Forest System. Any violation shall be punished by a fine of not more than $500 or imprisonment for not more than six months or both pursuant to title 16USC§551, unless otherwise provided.  The meaning of the $500 fine and magistrate judge is that it typically takes two different persons to slash and burn unlawfully and passing judgment can only be achieved if both of these persons must be fined $500 a piece for a total of $1,000 under 24USC§154 i.e Pacific Oasis Firefighter Training Academy for negligent kerosene storage that is not FBI proof under 36CFR261.5(a). Whoever unlawfully cuts, or wantonly injures or destroys any tree growing, standing, or being upon any land of the United States shall be fined under this title or imprisoned not more than one year, or both under 18USC§1853. Whoever, willfully and without authority, sets on fire any timber, underbrush, or grass or other inflammable material upon the public domain...or for the acquisition of which condemnation proceedings have been instituted shall be fined under this title or imprisoned not more than five years, or both. This section shall not apply in the case of a fire set by an allottee in the reasonable exercise of his proprietary rights in the allotment under 18USC§1855.  Permits and the Forest Service emergency immunity defense under 36CFR261.50 must be treated as arson within the special maritime and territorial jurisdiction under 18USC§81 a crime of both harbor and concealment of terrorists under 18USC§2339 and provision of material support for terrorism under 18USC§2339A like hostage taking.  The Forest Service arsoned FICA 15.0% with the Chetco Bar Fire and their self-declared immunity to Fire under 36CFR261.50 means that they took a teenager with fireworks hostage for starting the Columbia River Gorge National Scenic Area and no one will ever know how badly Forest Service contractors slashed it, and they are therefore upgraded to be immediately and permanently fired for arson under 18USC§81.


Oregon Wildfires 2017


Eagle Creek Fire

Columbia River Gorge National Scenic Area

Oregon, USA


Horse Prairie

Douglas Forest Protective Association

Oregon, USA


Nena Springs Fire

Warm Springs Agency

Oregon, USA


Flounce Fire

Southwest Oregon District - Oregon Department of Forestry

Oregon, USA


Cinder Butte Fire

Burns District

Oregon, USA


Upper Mine Fire

Burns District

Oregon, USA


Chetco Bar Fire

Rogue River-Siskiyou National Forest

Oregon, USA


Kelsey Fire

Willamette National Forest

Oregon, USA


Umpqua North Complex

Umpqua National Forest

Oregon, USA


Miller Complex

Rogue River-Siskiyou National Forest

Oregon, USA


Whitewater Fire

Willamette National Forest

Oregon, USA


Potato Hill Fire

Willamette National Forest

Oregon, USA


Rebel Fire

Willamette National Forest

Oregon, USA


Horse Creek Complex

Willamette National Forest

Oregon, USA


Jones Fire

Willamette National Forest

Oregon, USA


Nash Fire

Deschutes National Forest

Oregon, USA


High Cascades Complex

Rogue River-Siskiyou National Forest

Oregon, USA


North Pelican

Fremont-Winema National Forest

Oregon, USA


Falcon Complex

Umpqua National Forest

Oregon, USA


Desolation Fire

Ochoco National Forest

Oregon, USA


Rim Fire

Mt. Hood National Forest

Oregon, USA


Milli Fire

Deschutes National Forest

Oregon, USA


Jade Creek Fire

Fremont-Winema National Forest

Oregon, USA


Staley Fire

Willamette National Forest

Oregon, USA


Bear Butte Fire

Wallowa-Whitman National Forest

Oregon, USA


Shan Creek Fire

Rogue River-Siskiyou National Forest

Oregon, USA






United States


Source: National Wildfire Coordination Group 2017


With two claims to largest forest fire in the nation, the Chetco Bar Fire and Rogue-River Siskiyou National Forest, and the second largest number of acres burned out of any of the United States in 2017, Oregon needs to re-evaluate its pyromania. The Oregon Forest Practice Act was the first law of its kind in the U.S. when the state Legislature passed it in 1971, and the Act and its rules have been changed many times in response to new scientific findings, and needs to be changed again to take responsibility for the second most acres burned by any state in the United States in the 2017 fire season when forest fires were three times more extensive than usual in the Mediterranean countries of southern Europe and Northern Africa. 60 people, 30 in one fire on both sides of a road, died in Portugal.  The West Coast has a Mediterranean climate and the manzanita killing must cease worldwide to reduce fire hazard.  Trails through manzanita thickets should not cut more than one branch at a time, each branch needs to be individually disentangled and removed from the living thicket and chucked in the nearest clearing.  Manzanita are great camp-firewood dead, they are fire resistant alive, they also produce edible berries and non-hazardous winter weather shelter for humans, birds and bears. OAR 629-615-0000 to 0300 is known as the treatment of slash rules, is recognized as a necessary tool for the protection of reproduction and residual stands from the risk of fire, insects, and disease, to prepare the site for future productivity and to minimize the risk of material entering streams. Such treatment may employ the use of mechanical processes, fire, chemical or other means to minimize competitive vegetation and residue from harvesting operations.  The State Board of Forestry shall by rule establish minimum standards for minimizing or mitigating: (A)Fire hazards or risks on land within a forestland-urban interface due to the presence of structures or the arrangement or accumulation of vegetative fuels; and (B) Other fire hazards or risks or combinations of fire hazards or risks. (b) In adopting rules under this subsection, the board shall take into account the variability of the forestland-urban interface in different parts of the state under ORS §477.059.  The issuance of a permit pursuant to ORS 477.625 (permit to use fire or power-driven machinery) and after slashing has been created in an operation area inside or within one-eighth of one mile of a forest protection district, the forester may make a determination if such slashing and debris exists on the operation area in sufficient quantity and arrangement as to constitute an additional fire hazard that endangers life, forest resources or property, and if such area is in need of additional work or protection to reduce, abate or offset the additional fire hazard. If the forester determines that an additional fire hazard exists on the operation area sufficient to endanger life, forest resources or property, and that such area is in need of additional work or protection to reduce, abate or offset the additional fire hazard, the forester shall so notify the landowner and operator or their representatives in writing of such determination under ORS 477.580.  During a fire season inside or within one-eighth of one mile of a forest protection district situated west of the summit of the Cascade Mountains, if the forestland in such district, or any part thereof, is susceptible in the judgment of the forester to damage by fire, the forester shall issue notice to that effect.  Thereafter the use of fire in any form by any person in any operation area or the use of power-driven machinery for any operation, is unlawful unless approved by the forester.  Approval shall be granted only when in the judgment of the forester the activity will not constitute a fire hazard sufficient.  A saw and non-cooking fire moratorium hereby served on Anderson Butte, Mt. Ashland and Ashland vicinity, despite successful No Candies trail restoration and salvage logging operation, until 10 megatons of slash piles left littering the mountainsides are rightly chipped and chucked, without arson, under ORS 477.580.


In 2017 there were forest fires in Greenland. In southern Europe along the Mediterranean, the total area burned is already roughly three times the normal amount of summer wildfires. Back in June, 60 people died over the course of one weekend in Portugal due to wildfires. Thirty people were killed when the fires reached roads on evacuation routes. Those fires don’t seem to be abating, in part because of the hotter, drier temperatures, warmer temperatures have extended the regions fire season, potentially making weather like this increasingly the region’s new normal. Earlier this spring, Ireland, an island perhaps most synonymous with dampness battled fires primed, in part, by 75-percent less rainfall. Wildfires are also plaguing Siberia in Russia. Over 1.6 million hectares (3.95 million acres) of Russia are on fire. Russian and Canadian boreal forests are increasingly threatened by wildfire, as temperatures are rising faster in these northern regions than in other areas of the planet. Across the border from the United States, fires are also currently scorching Canada’s British Columbia. This is the province’s second worst fire season on record and NASA satellites have identified the conflagration from space. Canada has seen the worst season for fires since records began, with 894,941 hectares (2,211,444 acres) burned, the British Columbia Wildfire Service has confirmed, smoke affected Seattle. Back in June, South Africa was ablaze, and in New Zealand in February (during their summer) the city of Christchurch called a state of emergency after a wildfire sent thousands running from their homes and destroyed homes, and killed a pilot. In January, Chile, for whom like New Zealand January is summer, battled a similar unusual number of wildfires due to a combination of drought and high temperatures. After some trouble with agricultural fires a few years ago South Asians have adopted a rainmaking policy and the slashing burning is much reduced but remains to be abolished like their moratorium on commercial logging, elephants will never forget.  On Earth, something is always burning. Wildfires are started by lightning or accidentally by people, and people use controlled fires to manage farmland and pasture and clear natural vegetation for farmland. Fires can generate large amounts of smoke pollution, release greenhouse gases, and unintentionally degrade ecosystems. Global annual burned area estimates approach 350_MHa (869 million acres) per year, and annual pyrogenic CO2 emissions can exceed 50% of fossil fuel combustion emissions. Recently, there has been a surge of extremely destructive fires with corresponding social disruptions and substantial economic costs. Forest fires are one of the most significant sources of CO2 emissions after fossil fuels.  The United Nations must extinguish oceanic heating pumps and forest fires to protect the planet against arson within special maritime and territorial jurisdiction under 18USC§81. The Framework Convention on Climate Change doesn't hold the Law of the Sea Treaty, both of which have been rejected by the United States. The Rio Agenda failed to address either maritime heating belt 40°S causing drought in East Africa or slash and burn pyromania of the Amazon, that continue unabated. The new declaration regarding heating pumps in the Hudson Bay must be redressed by removing any hydrocarbon heating pumps in the Hudson Bay under the Polar Code of 2017 with technical assistance from the Styrene Research and Information Center and AS Trust & Holdings US Patent R441A. Fire districts must extinguish forest fires with Rainmaker US Patent 3,429,507 of July 26, 1966.


In the 2017 fire season 195 uncontained forest fires burned 2,783,813 acres in the United States. In Montana 753,850 acres burned, 287,295 acres in Lolo National Forest. Oregon burned 628,148 acres, 287,074 acres in Rogue River Siskiyou National Forest. California burned 333,386 acres, 171,798 acres in Klamath National Forest, near the Oregon border. All told 458,869 acres, 25% of 1.8 million acre Rogue-River Siskiyou National Forest burned in 2017. A total of 2,232,800 acres of National Forests were burned in the 2017 fire season. In 2017 the Forest Service burned more than 2.2 million acres, 1.2% of their 183 million acres of National Forests and Grasslands, 0.7% of 314 million acres of National Resource Lands, to cause 80% of total acres burned in the United States. The 334 units of the U.S. national park system, encompass 89 million acres of which 66,876 acres, 0.07% burned. The forty-eight national parks cover about 47 million acres of which 19,556 acres, 0.02% burned. The difference is explained by 47,320 acres burned in Columbia River Gorge National Scenic Area. 484,137 acres were burned on public land held by State forestry, agencies, and field offices. 4,161 acres burned in one un-contained forest fire under county jurisdiction. The hills of Los Angeles were in flames and the smoke was unbearable in Portland.  A large forest fire burned in the Klamath-Siskiyou region of the southwestern corner of Oregon in the summer of 2002. Name the “Biscuit Fire” it began of July 28 with a lightning strike, and by August 10 was the largest fire on record in Oregon in more than a century. With a crew of 6,607 people and a cost of $167 million the Biscuit Fire burned over a half-million acres (Maser et al 10: 114-120).  The formerly separate Rogue River and Siskiyou National Forests were administratively combined in 2004. Now, the Rogue River–Siskiyou National Forest ranges from the crest of the Cascade Range west into the Siskiyou Mountains, covering almost 1.8 million acres (7,300 km2). Forest headquarters are located in Medford, Oregon. The Siskiyou National Forest was established on October 5, 1906. On July 1, 1908, it absorbed Coquille National Forest and other lands. Rogue River National Forest traces its establishment back to the creation of the Ashland Forest Reserve on September 28, 1893, by the General Land Office. The lands were transferred to the Forest Service in 1906, and it became a National Forest on March 4, 1907. On July 1, 1908, Ashland was combined with other lands from Cascade, Klamath and Siskiyou National Forests to establish Crater National Forest. On July 18, 1915, part of Paulina National Forest was added, and on July 9, 1932, the name was changed to Rogue River. Rogue-River Siskiyou National Forests includes nine counties in southern Oregon and northern California - Coos, Curry, Douglas, Josephine, Jackson, Klamath, Douglas, Josephine counties in Oregon; Siskiyou and Del Norte Counties in California. In 2017 the 156 acre Shan Creek Fire, 61,508 acre High Cascades Complex, 43,139 acre Miller Complex and 189,562 acre Chetco Bar Fire burned a total of 287,071 acres in Oregon. 171,798 acres of the Klamath National Forest burnt in Siskiyou County, California - the Salmon August Complex burnt 65,887 acres, the Eclipse Complex (CA – KNF – 6098) 98,650 acres, Oak Fire 200 acres, Clear Fire 6,701 acres, Cedar Fire 360 acres. All told 458,869 acres, 25% of 1.8 million acre Rogue-River Siskiyou National Forest burned in 2017.


Un-contained Fires, United States Totals by Agency and State 2017


By Agency

Acres Burned

National Parks


National Scenic Area




National Forests


United States


By State

Acres Burned















New Mexico


North Dakota




South Dakota








United States


Source: National Wildfire Coordination Group 2017


The United States Forest Service (FS) burns public land sixty times more than National Parks Service (NPS). If FS arsons were fired, and slash piles left rightly chipped and chucked, it is estimated that the National Park Service with the contract supervision of affected county parks could reduce fire risk on 314 million acres of National Resource Lands more than tenfold from 1.2% in National Forests and average rate of 0.7% FY 17 to <0.07% FY 18. The USDA Forest Service is fined up to $800 million for the 2017 fire season, all 33,000 employees fired, FS land, property and entire $5.3 billion FY 18 budget is due process by the national and county parks for forfeiture for arson within the special maritime and territorial jurisdiction under 18USC§81. The National Forests and Grasslands were given to the United States Department of Agriculture in 1905 but since the Big Blowup Fire in 1910 the end of the law has become National Park Service and Related Organizations Title 54 of the United States Code. The Interior Secretary must be recused for two counts of obstruction of justice (arson and subtraction) under Rule 96 (Art. 134) of the Manual for Courts-Martial, may not receive bribes from the President, or intimidate his accountant with freehold or leasehold interests in national parks and monuments of scientific significance under 54USC§102901(a). County parks are advised to act through the National Park Service Director under 54USC§100101(a) in United States v. Forest Service HA-22-9-17.   Intensive study of historical fires has failed to document any cases wherein fire killed a forest by burning through treetops in the ponderosa pine forests of the American Southwest prior to 1900 there was not the fuel to set timber afire under 18USC§1855. In contrast, numerous fires since 1950 exceeding 5,000 acres (2,025 hectares) have burned forests more intensively than earlier fires. A 1910 article in Sunset Magazine recommended to the fledgling Forest Service that it use the indigenous method of setting “cool fires” in the spring and autumn to keep the forests open, consume accumulated fuel and in so doing protect the forest from catastrophic fire. Ironically, that recommendation came the same year that, in the space of two days fires raced across 3 million acres (1,210,000 hectares) in Idaho and Montana and killed eighty-five firefighters in what is called the “Big Blowup”. It would be ten years after the Big Blowup before many fires in western forests and grasslands were effectively controlled. For decades thereafter, the U.S. Forest Service was dedicated to putting all fires out. By 1926, the objective was to control all fires before they grew to 10 acres in size. A decade later the policy was to stop all fires by 10 am on the second day. (Maser et al ’10: 111, 142). In 2000 the nation experienced its most severe fire season in decades when some 8.4 million acres burned in 122,000 fires. In 2001, however, only 3.6 million acres burned - far below the national average for the previous eighty years (about fourteen million acres). The size of the acreage burned in 2000, while unusually large relative to the average acreage burned during the previous decade (3.8 million acres), was less than the average annual acreages burned in the four decades from 1919-1959 (24.4 million acres). Similarly, while the 6.9 million acres that burned in 2002 was substantially above the annual average during the preceding ten years (4.2 million acres), it was not unusual: fire seasons in which acreages similar to the 2002 total also burned had occurred as recently as 1996 (6.7 million acres) and 1988 (7.4 million acres). The number of fires in 2002 was less than the average number of fires occurring in every decade from the 1920s through the 1990s. These averages ranged from a low average rate of 97,599 fires per year from 1899-1929, to a high average rate of 163,329 fires per year from 1980-1989. During the 1990s, fewer acres burned annually on average than during the 1920s-1960s, and again through the 1980s (Berger '08: 91, 92). Nonetheless, with only 248,000 acres of FS land logged in 2003 ten times more is arsoned than logged. Thank them for all they do to help keep our beautiful state safe and green. Fire the arsons!!!


Source: Astronomy Camp




Convention IV Respecting the Laws and Customs of War on Land and Annex, Hague 18 October 1907

International Covenant on Civil and Political Rights 23 March 1976

International Covenant on Economic, Social and Cultural Rights 3 January 1976




Grimm v. Board of Parole and Post-Prison Supervision A148397 September 27, 2012

Marcum v. Adventist Health System/West et al Multnomah County Circuit Court 040505205; A129660 March 22, 2007.

State of Oregon v. Cole, 286 Or 411, 419, 595 P2d 466 (1979)

State of Oregon v. McDonald Jackson County Circuit Court Case No.: 13CR05637 August 12, 2013

State of Oregon v. Moore CC 14CR12536, SC S063946 October 13, 2016

State of Oregon v. Ramos Washington County Circuit Court C092342CR; A150423 December 18, 2013

State of Oregon v. Smith. Jackson County Circuit Court. Case No.: 120826FE. February 2, 2012

State of Oregon v. Wheeling Jackson County Circuit Court 114206FE; A153578 December 18, 2014. A

United States v. Perez, 22 US 579, 6 L Ed 165, 9 Wheat 579 (1824). 

Washington v. Harper (1990)




Additional fire hazard under ORS477.580

Arson in the first degree ORS164.317

Arson in the second degree ORS 164.335

Arson within special maritime or territorial jurisdiction 18USC§81

Artificial weather modification elections ORS §558.440

Cut or injure trees 18USC§1853

Criminal homicide ORS163.005

Disability retirement 5USC§8337

Eligibility for disability Sec. 223 of the Social Security Act under 42USC§423

Emergency FIre Immunity 36CFR§261.50

Fire 36CFR §261.5

Genocide 18USC§1091

Obstruction of justice Rule 96 (Art. 134) of the Manual for Courts-Martial

Reckless burning ORS164.325

Set timber afire 18USC§1855

Treatment of Slash OAR 629-615-0000 and -0300

National Park Service and Related Organizations 54USC§100101

Harbor and material support of terrorism under 18USC§2339

Provision of material support for terrorism under 18USC§2339A

State Board of Forestry ORS §477.059

Treason 18USC§2381

Unlawful Intrusion Violation of the Rules and Regulations 24USC§154

Wildfire Hazard Mitigation OAR629-044-1045


Work Cited


Anderson, Hal. Aids to Determining Fuel Models for Estimating Fire Behavior. Forest Service. Ogden, UT. April 1982

AS Trust & Holdings US Patent R441A by the American Society of Heating, Refrigerating and Air-Conditioning Engineers

Berger, John J. Forests Forever: Their Ecology, Restoration, and Protection. Center for America Places at Columbia College Chicago. University of Chicago Press. Chicago Illinois. 2008

Jones, Robert K. Rainmaker. Walnut Creek, California. US Patent 3,429,507. July 26, 1966

Maser, Chris; Claridge, Andrew W.; Trappe, James M. Trees, Truffles, and Beasts: How Forests Function. Rutgers University Press. New Jersey. 2010

Sanders, Tony J. Dear António Guterres HA-30-9-17

n  Kate Brown, Governor of Oregon v. Jerry Brown, Governor of California HA-5-4-17

n  United States v. Forest Service HA-22-9-17

Schwartz, E.A. The Rogue River Indian War and Its Aftermath 1850-1980. University of Oklahoma Press. 1997 _