FRIDAY, MARCH 4, 2016
4 — THE BAKER COUNTY PRESS
Opinion
— Guest Opinion —
Oregon
constitution
inconvenient?
Photo Courtesy of Phillip Wirth.
L-R: Keith Jones (editorial board), Jim Thurber, Marvin Wirth, Kerry McQuisten
(editor), Jack Hoffman, Suzan Ellis Jones, Vivien McQuisten, Todd Hoffman,
Andy Spinks. Off camera: Phillip, Jared and William Wirth, Georgia Hoffman.
— Editorial —
‘Gold Rush’ a
golden
opportunity
We’ve had, over the past week,
the opportunity to first talk with
several members of the public
relations and production teams at
the Discovery Channel, and then
meet with some of the cast of the
upcoming season of “Gold Rush,”
which will be filmed in Baker
County, starting very soon.
We have to say that this is the
first breath of real county-wide
economic development we’ve seen
in our area in quite some time—
and that’s exciting!
With the production will come
dozens of job opportunities, and an
additional influx—up to millions of
dollars—into our community. On
top of that, the tourism opportuni-
ties are limited only by entrepre-
neurial imagination.
Through this process, we’ve
come up against legalese and
nondisclosure clauses as well as a
lot of information with which we
were entrusted to keep “off the
record” for now. We know exactly
why the public relations and legal
department lions at the gate are so
careful.
Already in our primarily conser-
vative neck of the woods, we’ve
heard a few complaints about the
arrival of this show.
Some have contended that
special consideration and perhaps
lax standards were applied to the
permit process for their mining op-
erations. This is not the case. The
Hoffman clan’s operations will fall
under the auspices of the current
mine owner, who went through
what can only be described as an
onerous process with the State.
We’ve heard complaints ques-
tioning why the gold has to be
mined in the first place, and why
the land is allowed to be “harmed.”
First off, if anyone knows the
mining areas in southern Baker
County, they’ll know they’re
remote, covered with sagebrush
and juniper—not to mention old
mining tailings—and simple to
reclaim, as far as reclamation goes.
Hoffman’s crew has won awards in
reclamation, by the way.
Additionally, what good does
gold—this valuable natural re-
source—do for anyone if it remains
buried in the ground?
Thankfully, it’s been our experi-
ence so far that the vast majority
of our county is excited and wel-
coming of these miners and their
production coming our way.
We view it as a blessing not
only for us, but for their families.
As Oregonians and conservative
Christians, these laidback folks
will be right at home anywhere
they go in these parts. Already
they’re reaching out to the com-
munity and agreeing to local event
appearances.
Let’s do everything we can for
them, and reach back.
—The Baker County Press Editorial Board
— Letters to the Editor —
Halfway rally was a success
To the Editor:
What a great February 6th rally in
Halfway. I applaud its organizers, the
community, and the leadership displayed
by Commissioners Harvey and Bennett
as well as from candidates Justus and
Hoopes. This was the spirit of what makes
this country great: freedom of speech,
peaceful assembly, and the Bill of Rights.
I’m disappointed in Mrs. Miller’s sug-
gestion that the gathering was done in
support of criminal activity. Anytime
Americans are killed, it’s a tragedy. Had
law enforcement been harmed or killed
during the past few months in our area, we
would have dedicated that rally to them as
well. Thinking otherwise about this rally
displays ignorance and short-sightedness.
I’m aware of several folks who visited
the refuge during January in an effort to
understand why fellow Americans would
have taken such drastic measures. At the
time, none of the “occupiers” had been
charged with any criminal activity.
Period.
I’m not advocating their now indicted
actions, but had law enforcement sat down
with them in an attempt to understand
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their plight, I think reason may have dic-
tated the day and no one would have died.
Law enforcement never once tried to
reason from what I observed; they merely
just kept asking them to leave without ad-
dressing the root of the problem.
As a rancher, as a longtime local, and
as a candidate running for office, Kody
Justus’s courage in at least attempting
to understand both sides throughout by
a personal visitation is something to be
commended.
Lastly, I’m shocked and saddened that
Sheriff Ash not only didn’t support this
rally, but that he called the main organizer
and acted contrary to how a Constitutional
sheriff should have acted worthy of my
vote. His conduct appeared belittling and
threatening. His and the BLM’s apparent
overreaction to a non-event at the Inter-
pretive Center is rather telling as well.
I believe in following law and order,
and I love that we live in a nation of laws.
But when did the Constitution become
such a reviled document to be treated with
disdain by so many Americans? I’m glad
we have an election soon.
Jake Brown
Halfway
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By Sen. Doug Whitsett
Apparently, the Oregon Constitution
has become little more than an inconve-
nience for our state’s majority party.
Last week, Senate Bill 1511, relating to
cannabis, was brought to the Senate floor
for a vote.
Section 17 of that bill clearly regulates
the collection of state taxes on marijuana.
The bill also has an emergency clause,
making it effective immediately, upon the
signature of Governor Brown.
The Oregon Constitution states, in
Article IX, Section 1a, that no law can be
enacted with an emergency clause that
regulates collection of taxes.
For that reason, I asked for a parlia-
mentary ruling regarding how the Oregon
Senate could be voting on a bill that is
clearly unconstitutional.
After conferring with Counsel, the Sen-
ate President stated that although the law
created by the bill, as currently written,
would be unconstitutional, voting on the
unconstitutional bill was not an unconsti-
tutional act.
He reasoned that a bill does not be-
come a law until it is passed by both the
House of Representatives and the Senate
as well as being signed into law by the
Governor.
It was explained the House of Repre-
sentatives could amend the bill in com-
mittee before a vote of the full House.
Further, the bill is not yet a law until the
bill is signed by the Governor Brown,
and she does have the authority to re-
move the offending emergency clause by
line-item veto.
Finally, the courts could strike down
the language that makes the new law un-
constitutional, while preserving the parts
that are within constitutional authority.
Therefore, technically, the act of vot-
ing on a bill that as currently written
certainly will result in an unconstitutional
law is not an unconstitutional action,
because the bill is not yet an unconstitu-
tional law.
My motion to refer the bill back to
committee to remove the unconstitutional
emergency clause was defeated on a
party-line vote. Notwithstanding the Sen-
ate President’s Orwellian ruling, the bill
passed then out of the Oregon Senate, on
a party line vote, with all Democrats vot-
ing in favor, and all Republicans voting
in opposition.
When we take office, we all volun-
tarily swear to uphold the Constitutions
of both Oregon and of the United States
of America. In my opinion, this kind of
twisting of the law makes the meaning of
those oaths hollow, at best.
Article XI, Section 6 of the Oregon
Constitution prohibits the State from
owning stocks in companies, associations
and corporations, except under limited
circumstances.
House Joint Resolution 203 proposes
Submitted Photo
Senator Doug Whitsett represents
Senate District 28.
to amend the Oregon Constitution to
provide that public universities are not
constitutionally prohibited from own-
ing stocks in companies, associations
and corporations. It refers the proposed
amendment to the people for their ap-
proval or rejection at the next regular
general election.
That proposed constitutional amend-
ment has merit. However, its companion
bill is extremely misleading.
HB 4092-A specifies the ballot title,
summary and explanatory statement for
HJR 203. It asserts that the exact lan-
guage in the statements shall be included
in the voters’ pamphlet and on the ballot.
It further specifically prohibits review
of the appropriateness of the language
by the Attorney General and the Oregon
Supreme Court.
The ballot title reads: AMENDS
CONSTITUTION, ALLOWS INVEST-
MENTS IN EQUITIES BY PUBLIC
UNIVERSITIES TO REDUCE FINAN-
CIAL RISK AND INCREASE INVEST-
MENTS TO BENEFIT STUDENTS.
That phrase must have been extremely
popular and persuasive in polling and
among focus groups. It is repeated word-
for-word in the result of a “yes” vote and
the summary statements.
While investment in equities may result
in greater investment returns, it may also
result in significant losses. To allege that
investment in equities reduces financial
risk is beyond misleading. It is simply
false.
The further statement that additional
investment income could benefit students
by minimizing tuition increases and en-
hancing student programs is equally spe-
cious. Not mentioned is that investment
losses would have the exact opposite ef-
fect such as harming students, increasing
tuition and depleting student programs.
Unfortunately, the Oregon Legislative
Assembly has a long history of writing
such misleading ballot titles. How better
to trick Oregon voters to adopt amend-
ments that the legislature has neither the
political will nor the votes to enact.
The purpose of review by the Attorney
General and the Supreme Court is to
keep those ballot titles and statements
honest and accurate. Once again, the
legislative majority is willing to bypass
those protections to ensure the election
outcome they covet.
Please remember—if we do not stand
up for rural Oregon, no one will.
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