No ‘revolt’ in Jarbidge, just attempt at justice | NevadaAppeal.com

No ‘revolt’ in Jarbidge, just attempt at justice

J. PATTON, Wellington

Your Oct. 9 headline (AP writer Martin Griffith) called the situation on the road repair attempt out in Jarbridge Canyon a “revolt of citizens” as opposed to a restraining order by U.S. District Judge David Hagen to prevent repairs to the road in the canyon.

This was not a revolt, it was an attempt to repair a road that has been in existence for over 100 years ago. Entirely legal under RS-2477, an old federal law that enabled the transcontinental railroads to be built across the public lands and applies to this day. That same statute, RS-2477, applies equally to any road, two track, one-track Pony Express trail or any irrigation ditch, telegraph or interstate highway right-of-way pipeline, high voltage electric system right of way for maintenance of the utility, that existed before 1973, when an ill-informed Congress enacted the “Federal Land Management Policy Act.”

Any road or right-of-way that was in existence prior to 1973 is still a valid road or right-of-way.

Begging the judge’s pardon, I think he needs to do his homework and he should also carefully review the Ninth and Tenth Amendments of our U.S. Constitution regarding the limitations of federal authority over state, county or local government.

The people who use that road in Jarbridge Canyon have an absolute and legal right to maintain the road as the right existed prior to FLPMA or the “Endangered Species Act” of 1973, which is simply a shutdown tool, and has never been reauthorized by Congress. That act should have expired in 1993 as it only had a 20-year life, without reauthorization by Congress, and yet it continues to be funded by our tax dollars. Go figure it out.

Never knock Assemblyman John Carpenter for his effort to fix a rural road.

The problem is higher up and where the fix is really needed is by you, the voters.

Perhaps rather than feeble and phony attempts on TV to impeach a horny U.S. president, the Congress ought to take a closer look at the president’s cabinet and his judicial appointments and work their way upwards.

In my opinion, the U.S. Constitution ought to be required reading by all members of Congress before any session begins.

After all, they each and every one took an oath to uphold that document, which is supposed to be the number one law of the land.

The restraining order issued by U.S. District Court Judge David Horgan is to me a signal that he should either resign or be removed from office.

Carpenter is more correct, both legally and politically, than the judge was in issuance of that order.