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Hearing at the Siskiyou County courthouse on November 5th at 8:30 AM
in Dept.4 for Derek Eimer and Dyton Guilliland

I am sending this to you in the hope that you will be able to attend a hearing at the Siskiyou County courthouse on November 5th at 8:30 AM in Dept.4 for Derek Eimer and Dyton Guilliland. These two men are being prosecuted for illegal suction dredging by the State of California. The State has filed criminal charges against both men as well as confiscating their equipment.

The mining community is going to try to pack the courtroom in support of these two men and to make a show of solidarity against illegal state regulation.

As you probably know we were given a great win by the San Bernardino Court this past summer when the Court issued a lengthy Ruling that the State does not have the authority to first pass a law that requires small-scale miners to obtain a State permit, and then pass a second law that forbids the issuance of such permits. This same court ruled that the State's actions are illegal and unconstitutional, and then basically issued a Ruling that continues to allow the unconstitutional activity by the state.

Your attendance will show the court how seriously miners consider this issue, as well as show these two men that we are behind them and thankful for their sacrifice for all of us.
James Foley
Property and Mining Rights Advocate
Hamburg, California


Dear KBC News,

Now the State of California has filed criminal charges against two of our small-scale miners in Siskiyou County.  The first hearing is scheduled for November 5 at 8:30 am in the Siskiyou County courthouse in Yreka, California.  We hope you will pass the word around so we can flood the courthouse with Americans who want to see the insanity put to an end.

To a large extent, this case is very similar to the Rinehart case several years ago which won our industry a unanimous win in the Third Appellate Court the very same place this case will likely end up!  The difference here is that we have several additional important wins which have supported our side since Rinehart was decided.

The really important matter at stake here is whether or not State officials, who swear an oath to support and defend the Constitution in order to become State officials in the first place, are going to be allowed by the judicial system to continue to enforce unconstitutional laws upon the people.  This case has ramifications far beyond small-scale gold miners.  It has more to do with whether or not we live in a totalitarian State where the people no longer have a civil remedy against the unlawful actions of the ruling class.

A more substantial explanation, along with the opening legal briefs, can be found here:


Here is a reminder that the Legal Fund is giving away 2 ounces of beautiful gold nuggets, along with other gold and silver prizes, this coming Friday afternoon.  I am personally asking you to please help us defend the guys who were willing to stick their necks out on behalf of each and every one of us.  More information about the drawing and how you can contribute can be found right here:


Thanks for anything you guys can do to help!

Dave Mack
The New 49'er Legal Fund

The New 49er's, 27 Davis Road, Happy Camp, California 96039, USA

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