This deserves a bit more because frankly, I'm getting tired of the nuts.
Indeed this might get added to my FAQ here (go see the sect...
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“The more corrupt the state, the more numerous the laws.” ~ Gaius Cornelius Tacitus
This deserves a bit more because frankly, I'm getting tired of the nuts.
Indeed this might get added to my FAQ here (go see the sect...
when we first read the new orleans times-picayune story about this 28 december 2007 ruling by the united states court of appeals for the fifth circuit, we didnt know what to think. as anyone who follows this blog knows we love a good conspiracy theory, especially those involving the federal government and taking away citizens rights.
monroe attorney paul hurd, is the lawyer for the plaintiff's/fishermen and when we read quotes like this:Paul Hurd, a lawyer for the fishermen who sued Shumate, said the New Orleans-based court's 17-page ruling represents "the largest shift in water rights that I've ever seen."
it causes us to want to look into whats going on.
"What this court has held, for the first time ever, is that there are no federal rights for public recreational fishing," Hurd said, adding that the court's ruling means "you can tow a barge but you can't fish the same water."
The Property is located in East Carroll Parish. On its eastern side, the Property is bound by the Mississippi River, and on its western side, it is bound by the Mississippi River’s levees. Buildings, crop lands and forests, with trees as tall as one hundred and forty feet, are located on the Property.its a shame that walker cottonwood farms llc the owners of the gassoway lake property and the fishermen couldnt work something out but as you can see this isnt a case of citizen-fishermen being denied the rights to traverse navigable waters to fish, its a case of trespassing pure and simple. the rights of property owners must be maintained.
In addition, waterways known as Gassoway Lake, Little Gassoway Lake, and other bodies of water are contained within its boundaries. Gassoway Lake, which Plaintiffs consider the most ideal venue for fishing on the Property, is located on the Property’s western side, nearly three-and-a-half miles from the ordinary low water mark of the Mississippi River and its channel.
Gassoway Lake is connected by a man-made drainage ditch to Bunch’s Cutoff, which, in turn, flows into the Mississippi River. When the river floods in the spring, Gassoway Lake, along with the rest of the Property, is submerged under its waters.
Robert Cartlidge, president and chief executive of the national Bass Federation fishing group, said the ruling could be used to restrict recreational fishing in other parts of the country.howard watts one of the plaintiffs was equally erroneous when he called this ruling "just the tip of the iceberg"
"The idea of someone holding public water for private use is just not American," Cartlidge said. "That should never be allowed to happen."
Harold Watts, one of the fishermen who sued Shumate over their arrests, said the 5th Circuit's ruling could be "just the tip of the iceberg."this is just an attempt to stir people up to mistrust and hate the federal government; as you see in reading the fifth circuit's opinion they cited no federal laws [besides 42 U.S.C. § 1983 which involved the fishermen being arrested] other than the "commerce clause" [article 1 section 8 clause 3 u.s. constitution] which they agreed in this case didnt apply.
"If they can stop people from fishing the Mississippi River, they can stop people anywhere they want to," said Watts, 68, of Collinston.