” ” • DOW officials testified Tuesday and Wednesday that they offered Culverwell every option he asked for that was within legal limits. “ ”
The DOW here was delegating their responsibilities to Rodney, instead of taking it upon themselves (their responsibilities, remember) to alleviate the problem.
Colorado Constitution:
Article II Bill of Rights
Section 3. Inalienable rights. All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness. Section 13. Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons. ******************************************************************************************************** An excerpt from a Supreme Court ruling of long ago: If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply. ******************************************************************************************************** Now if the DOW is lacking revenue to proceed with remedying situations such as this, why don't they require all of the out of state hunters to buy a “OHV” permit if they are going to be using that vehicle while hunting on State and Federal lands ? It could be a one time or annual “Use Permit”, purchasable when they by their hunting license. Every resident of Colorado must have a current permit on his OHV before they can use it on State and Federal lands.
The article doesn't mention it but “What kind of condition were the elk in when the DOW found their bodies” ? Signs of starvation ? Injuries ? Besides protecting his property, he may of been performing an act of mercy ? Why are the elk that were found on adjacent properties being attributed to being killed by Rodney ? If they were shot, then it is that landowner who was protecting his property ? Those that didn't show signs of being shot, died of what causes ? If you kill an elk while driving down the interstate and it damages your vehicle, Can you sue the DOW for your damages ? You can sue a landowner, if it was a cow or horse, etc., because he failed to keep his animal contained ! The landowner can't sue you for killing his animal, it was supposed to be behind his fence. The same applies to the DOW. The DOW is responsible for the management of said elk. The elk were not contained, were trespassing, and damaging property. You could sue anyone that was doing the same to your house or vehicle. Think about it ! The DOW should be the defendant in the case that is currently in court ! The voice recording that the DOW made, Is it even legal ? They didn't tell Rodney about it at the beginning, nor tell him that they had a search warrant when they first arrived. They violated his 5th Amendment Rights ! This case should be thrown out of court as a being Illegal proceedings. More Later:::
It appears that most of the posters are either local to Craig or from the surrounding area. Do you recall this past winter as being above normal ? Heavy snow fall and high winds ? The elk were starving because their normal fodder/forage was under all that snow. The wind had piled the snow up against fences and hay pens to the point the elk could walk right up to the fence and easily jump over. Once they were on the other side they couldn't get back over, as it was too high on their side. They would panic and attempt to escape which caused many to become entangled in the fences and be injured. If a human approached to open the gates to let them out they would again panic and attack. The State and DOW have been erecting extra high fences along the highways in some areas and even bought bales of hay and trucked them out to the wildlife in area's around Eagle, CO. this past winter. All this as a “feel good” and “show” for those selected areas. What did they do around the Craig area ? If the DOW would increase the number of tags and lower the non-resident fees, there would be more hunters coming to the “Elk Capital of the World”, benefiting the Motels/Restaurants/Stores and other business' in and around the Craig area. The landowners would then be more accommodating to the DOW, as they would also be seeing a benefit from the reduction in numbers within the herds. The amount of revenue going to the DOW operating funds would increase from the additional tags and fee's paid, instead of relying upon the limited number of tags and high cost of a few non-resident fee's, they now receive. It's the DOW's responsibility to manage these herds of wildlife and not to leave it up to the landowners. The DOW is who should be prosecuted for neglect and mis-management and failure to come to the aid of the landowners who had requested their assistance.
Now, suppose you are a landowner and your neighbor's cattle(DOW's elk) break down your fences and get into your crops, just ready for harvesting, and damage a considerable amount. You call your neighbor (DOW) and tell them about the damage and to come and get the cattle (elk) out of your fields and off your property. Your neighbor (DOW) ignores you and tells you “Do whatever you have to do”. What do you do ? Are you going to sue to recover your losses and shoot the cattle ? Each day that your neighbor ignores you, means more damage and loss. Rodney took whatever recourse that was left to him. He tried running them off with no avail and no help from the DOW. Now, imagine it is your neighbors dog/dog's(DOW's coyote/coyote's) have become a nuisance and are killing your sheep/cattle/chickens or whatever. The elk have become just as much of a problem due to mis-management. You shoot the dogs/coyotes and then consider you will sue the neighbor only the neighbor sues you first because you shot his dog. The dog was trespassing ! So were the elk !
Everyone of you that are opposed to what Rodney has done or have voted to convict should have to adopt one (1) elk for the next and upcoming winter. Keep it on your own property and feed it a diet of hay and grass. If you have a garden it will help that much more as then you are supplying feed that you yourself have grown. Just as Rodney was forced to do. About him receiving some form of income from hunters hunting his land. He was just recouping some of his losses from the hay and grass that the elk/deer and antelope had consumed. He was growing that hay and grass to feed his own livestock. Some of that income went into the purchase of taller fences to try to keep the herds away from his crops. If you have a garden, do you tolerate the rabbits and other wildlife that gets into it, or do you say “Come On, Your Welcome” ? There is a “hunting season” (Oct to Feb) for rabbits too. Are you going to wait until that season opens before you shoot or trap that rabbit that has been getting into your garden.? What if it was a herd of rabbits ? If a person was to go out and drive all around his property with a vehicle or ATV and tried driving the herds of wildlife away, you could be arrested for harassing wildlife just like you could/should be for chasing that rabbit/rabbits out of your garden. Colorado law allows landowners to protect private property from most wildlife damage. Rodney was protecting his own and the DOW was not helping him when he had already asked for Help. It is the DOW's responsibility to manage the herds, not the landowner's responsibility to feed them. The same goes for coyotes attacking cattle or sheep. A landowner's property. You do what you have to do to protect your property and what you own and what you have worked for most of your life to earn a living. No where in a property deed does it say that the landowner is responsible for the management of wildlife.
or the latest version of Internet Explorer
9 September 2008
at 3:26 p.m.
Suggest removal
Permalink
Defiance (Anonymous) says…
Wapitipoker.
I'm sure your off-spring will reproduce with the same thoughts as yours.
30 August 2008
at 11:55 a.m.
Suggest removal
Permalink
Defiance (Anonymous) says…
” ” • DOW officials testified Tuesday and Wednesday that they offered Culverwell every option he asked for that was within legal limits. “ ”
The DOW here was delegating their responsibilities to Rodney, instead of taking it upon themselves (their responsibilities, remember) to alleviate the problem.
Colorado Constitution:
Article II Bill of Rights
Section 3. Inalienable rights. All persons have certain natural, essential and inalienable rights, among which may be reckoned the right of enjoying and defending their lives and liberties; of acquiring, possessing and protecting property; and of seeking and obtaining their safety and happiness.
Section 13. Right to bear arms. The right of no person to keep and bear arms in defense of his home, person and property, or in aid of the civil power when thereto legally summoned, shall be called in question; but nothing herein contained shall be construed to justify the practice of carrying concealed weapons.
********************************************************************************************************
An excerpt from a Supreme Court ruling of long ago:
If courts are to regard the Constitution, and the Constitution is superior to any ordinary act of the legislature, the Constitution, and not such ordinary act, must govern the case to which they both apply.
********************************************************************************************************
Now if the DOW is lacking revenue to proceed with remedying situations such as this, why don't they require all of the out of state hunters to buy a “OHV” permit if they are going to be using that vehicle while hunting on State and Federal lands ?
It could be a one time or annual “Use Permit”, purchasable when they by their hunting license.
Every resident of Colorado must have a current permit on his OHV before they can use it on State and Federal lands.
30 August 2008
at 10:04 a.m.
Suggest removal
Permalink
Defiance (Anonymous) says…
The article doesn't mention it but “What kind of condition were the elk in when the DOW found their bodies” ? Signs of starvation ? Injuries ?
Besides protecting his property, he may of been performing an act of mercy ?
Why are the elk that were found on adjacent properties being attributed to being killed by Rodney ? If they were shot, then it is that landowner who was protecting his property ? Those that didn't show signs of being shot, died of what causes ?
If you kill an elk while driving down the interstate and it damages your vehicle, Can you sue the DOW for your damages ? You can sue a landowner, if it was a cow or horse, etc., because he failed to keep his animal contained ! The landowner can't sue you for killing his animal, it was supposed to be behind his fence.
The same applies to the DOW. The DOW is responsible for the management of said elk.
The elk were not contained, were trespassing, and damaging property. You could sue anyone that was doing the same to your house or vehicle. Think about it ! The DOW should be the defendant in the case that is currently in court !
The voice recording that the DOW made, Is it even legal ? They didn't tell Rodney about it at the beginning, nor tell him that they had a search warrant when they first arrived. They violated his 5th Amendment Rights ! This case should be thrown out of court as a being Illegal proceedings. More Later:::
29 August 2008
at 10:37 p.m.
Suggest removal
Permalink
Defiance (Anonymous) says…
It appears that most of the posters are either local to Craig or from the surrounding area. Do you recall this past winter as being above normal ? Heavy snow fall and high winds ? The elk were starving because their normal fodder/forage was under all that snow. The wind had piled the snow up against fences and hay pens to the point the elk could walk right up to the fence and easily jump over. Once they were on the other side they couldn't get back over, as it was too high on their side. They would panic and attempt to escape which caused many to become entangled in the fences and be injured. If a human approached to open the gates to let them out they would again panic and attack.
The State and DOW have been erecting extra high fences along the highways in some areas and even bought bales of hay and trucked them out to the wildlife in area's around Eagle, CO. this past winter. All this as a “feel good” and “show” for those selected areas. What did they do around the Craig area ?
If the DOW would increase the number of tags and lower the non-resident fees, there would be more hunters coming to the “Elk Capital of the World”, benefiting the Motels/Restaurants/Stores and other business' in and around the Craig area.
The landowners would then be more accommodating to the DOW, as they would also be seeing a benefit from the reduction in numbers within the herds. The amount of revenue going to the DOW operating funds would increase from the additional tags and fee's paid, instead of relying upon the limited number of tags and high cost of a few non-resident fee's, they now receive.
It's the DOW's responsibility to manage these herds of wildlife and not to leave it up to the landowners. The DOW is who should be prosecuted for neglect and mis-management and failure to come to the aid of the landowners who had requested their assistance.
28 August 2008
at 10:22 p.m.
Suggest removal
Permalink
Defiance (Anonymous) says…
Now, suppose you are a landowner and your neighbor's cattle(DOW's elk) break down your fences and get into your crops, just ready for harvesting, and damage a considerable amount.
You call your neighbor (DOW) and tell them about the damage and to come and get the cattle (elk) out of your fields and off your property. Your neighbor (DOW) ignores you and tells you “Do whatever you have to do”. What do you do ? Are you going to sue to recover your losses and shoot the cattle ? Each day that your neighbor ignores you, means more damage and loss. Rodney took whatever recourse that was left to him. He tried running them off with no avail and no help from the DOW. Now, imagine it is your neighbors dog/dog's(DOW's coyote/coyote's) have become a nuisance and are killing your sheep/cattle/chickens or whatever. The elk have become just as much of a problem due to mis-management. You shoot the dogs/coyotes and then consider you will sue the neighbor only the neighbor sues you first because you shot his dog. The dog was trespassing ! So were the elk !
27 August 2008
at 6:11 p.m.
Suggest removal
Permalink
Defiance (Anonymous) says…
Everyone of you that are opposed to what Rodney has done or have voted to convict should have to adopt one (1) elk for the next and upcoming winter. Keep it on your own property and feed it a diet of hay and grass. If you have a garden it will help that much more as then you are supplying feed that you yourself have grown. Just as Rodney was forced to do. About him receiving some form of income from hunters hunting his land. He was just recouping some of his losses from the hay and grass that the elk/deer and antelope had consumed. He was growing that hay and grass to feed his own livestock. Some of that income went into the purchase of taller fences to try to keep the herds away from his crops. If you have a garden, do you tolerate the rabbits and other wildlife that gets into it, or do you say “Come On, Your Welcome” ?
There is a “hunting season” (Oct to Feb) for rabbits too. Are you going to wait until that season opens before you shoot or trap that rabbit that has been getting into your garden.? What if it was a herd of rabbits ? If a person was to go out and drive all around his property with a vehicle or ATV and tried driving the herds of wildlife away, you could be arrested for harassing wildlife just like you could/should be for chasing that rabbit/rabbits out of your garden. Colorado law allows landowners to protect private property from most wildlife damage. Rodney was protecting his own and the DOW was not helping him when he had already asked for Help. It is the DOW's responsibility to manage the herds, not the landowner's responsibility to feed them. The same goes for coyotes attacking cattle or sheep. A landowner's property. You do what you have to do to protect your property and what you own and what you have worked for most of your life to earn a living. No where in a property deed does it say that the landowner is responsible for the management of wildlife.