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Author Topic: The Colony Of Alaska Is Getting Fed Up  (Read 1814 times)

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Offline AtlLaw

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #30 on: May 29, 2010, 05:04:14 AM »
Quote from: Sourdough on May 28, 2010, 07:43:31 PM
When Alaska was a Territory the Feds owned the entire area of Alaska.  The Feds said during the period of the State Hood Act that they would give portions of the land to the state, gradual over a period of time.  They did give a small chunk at that time.  That was it, none since.  They have turned over small portions to Native groups, but that has been all.

I love the internet!  If I had to go to a law library it would have taken me hours to get this info instead of minutes!   ;)

Alaska Statehood Act
Compact with United States
Section 4

--------------------------------------------------------------------------------

          As a compact with the United States said State and its people do agree and declare that they forever disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States, and to any lands or other property, (including fishing rights), the right or title to which may be held by any Indians, Eskimos, or Aleuts (hereinafter called natives) or is held by the United States in trust for said natives; that all such lands or other property, belonging to the United States or which may belong to said natives, shall be and remain under the absolute jurisdiction and control of the United States until disposed of under its authority, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation: Provided, That nothing contained in this act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by the laws of the United States applicable thereto; and nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any law applicable thereto authorizes, establishes, recognizes, or confirms the validity or invalidity of any such claim, and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act: And provided further, That no taxes shall be imposed by said State upon any lands or other property now owned or hereafter acquired by the United States or which, as hereinabove set forth, may belong to said natives, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation.

The whole act is here:
http://www.lbblawyers.com/statetoc.htm
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Offline dukkillr

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #31 on: May 29, 2010, 06:19:09 AM »
Quote from: AtlLaw on May 29, 2010, 05:04:14 AM
Quote from: Sourdough on May 28, 2010, 07:43:31 PM
When Alaska was a Territory the Feds owned the entire area of Alaska.  The Feds said during the period of the State Hood Act that they would give portions of the land to the state, gradual over a period of time.  They did give a small chunk at that time.  That was it, none since.  They have turned over small portions to Native groups, but that has been all.

I love the internet!  If I had to go to a law library it would have taken me hours to get this info instead of minutes!   ;)

Alaska Statehood Act
Compact with United States
Section 4

--------------------------------------------------------------------------------

          As a compact with the United States said State and its people do agree and declare that they forever disclaim all right and title to any lands or other property not granted or confirmed to the State or its political subdivisions by or under the authority of this Act, the right or title to which is held by the United States or is subject to disposition by the United States, and to any lands or other property, (including fishing rights), the right or title to which may be held by any Indians, Eskimos, or Aleuts (hereinafter called natives) or is held by the United States in trust for said natives; that all such lands or other property, belonging to the United States or which may belong to said natives, shall be and remain under the absolute jurisdiction and control of the United States until disposed of under its authority, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation: Provided, That nothing contained in this act shall recognize, deny, enlarge, impair, or otherwise affect any claim against the United States, and any such claim shall be governed by the laws of the United States applicable thereto; and nothing in this Act is intended or shall be construed as a finding, interpretation, or construction by the Congress that any law applicable thereto authorizes, establishes, recognizes, or confirms the validity or invalidity of any such claim, and the determination of the applicability or effect of any law to any such claim shall be unaffected by anything in this Act: And provided further, That no taxes shall be imposed by said State upon any lands or other property now owned or hereafter acquired by the United States or which, as hereinabove set forth, may belong to said natives, except to such extent as the Congress has prescribed or may hereafter prescribe, and except when held by individual natives in fee without restrictions on alienation.

The whole act is here:
http://www.lbblawyers.com/statetoc.htm
Legal research on a Saturday morning!  I like it.
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Offline AtlLaw

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #32 on: May 29, 2010, 06:24:07 AM »
Yes, but remember, that was in 1869, and the Chief Justice had been a Cabinet Member in Lincoln's administration and was still spewing the party line...  So, to quote Andrew Jackson’s retort to the 1832 Supreme Court decision in WORCESTER v. GEORGIA (31 U.S. 515 1832): “John Marshall has made his decision, now let him enforce it!”   ;D

Of course, everyone recognises this as dealing with an early indication of one president's sense of justice for all...  ::)

Hey dukkillr!  Da law my life mon!   ;D
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Richard
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Offline ironglow

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #33 on: May 29, 2010, 06:40:19 AM »
Uh..oh;
  A couple lawyers...about to try a case ... on GBO
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Offline Sourdough

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #34 on: May 30, 2010, 09:28:18 AM »
Well Tuesday we start a real test.  Alaska is going to kill wolves on Federal Land, with the Feds saying, "Don't Do It"!  "If the state of Alaska performs preditor control on fe4deral lands we will turn it over to the US Attorney General for action".  We'll see them in court.
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Offline Dee

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #35 on: May 30, 2010, 09:39:04 AM »
Well I guess we'll see if Alaskan residents sit back and "let some one else do it" when the heat gets turned on in their state on it's officials. Perhaps they will not only verbally support their brave public servants, but also not allow them to be made an example of. We can only hope.
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Offline Sourdough

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #36 on: May 30, 2010, 09:53:32 AM »
Our Governor Sean Parnell is behind this 100%.  He said it is time for a showdown.  All the ACs (Advisory Commitees) are behind it as well.  The attourneys think we can win this one, sure hope so.  If we lose it's a loss for the rest of the Western States.
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Offline Dee

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #37 on: May 30, 2010, 09:59:18 AM »
Oh I fully understand that your state government is on board SD. I was talking about the citizens of Alaska. Apathy is a powerful voice to the Feds.
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Offline billy_56081

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #38 on: May 30, 2010, 02:33:32 PM »
Keep us posted SD.
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Offline blind ear

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #39 on: May 30, 2010, 03:56:13 PM »
Alaska Govenor Sean Parnell offical website:

http://gov.state.ak.us/

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Offline Sourdough

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #40 on: May 31, 2010, 10:07:40 AM »
Last night I went to the Gym.  While sitting in the Hot Tub got into a conversation with a man about preditor control.  Next thing I knew we were discussing the plan for the State to shoot wolves Tuesday morning.  Things started getting hot.  He said if the State sends people in to kill wolves the men actually doing the tresspassing will be jailed.  I told him I don't think so.  They will be conducting state business, they will be in a helicopter, and they will not land on Federal Land.  He said he will be following them to the air port and the men doing the tresspass will be arrested.  That is when I realized he works for USF&W service.  He plans on being there tomorrow morning.

At Law says the same thing, that the men actually doing the tresspass will be the ones charged, and possiably jailed.  Well we will see how far the Feds push it.  This push to take over all control on Federal Lands is coming from high in DC.  Got a feeling this is going all the way.

Then we got into a discussion about waterways and who owns them.  The courts ruled two years ago that the State Of Alaska owns all navigatable waterways in the state.  That means from high water mark to high water mark.  He then said he did not care what the court said the USF&W and NPS has the authority given by the Federal Government and they were going to exercise their control over all waters inside the Federal Lands, as well as managing all wildlife.  He claimed ANILCA gives them that authority.  Oh Boy, it was a hot 20 minutes till I got up and left.  Wish I could go to Unimak Tuesday.
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Where is old Joe when we really need him?  Alaska Independence    Calling Illegal Immigrants "Undocumented Aliens" is like calling Drug Dealers "Unlicensed Pharmacists"
What Is A Veteran?
A 'Veteran' -- whether active duty, discharged, retired, or reserve -- is someone who, at one point in his life, wrote a blank check made payable to 'The United States of America,' for an amount of 'up to, and including his life.' That is honor, and there are way too many people in this country today who no longer understand that fact.

Offline Dee

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Re: The Colony Of Alaska Is Getting Fed Up
« Reply #41 on: May 31, 2010, 12:29:10 PM »
He may follow them to the airport, but is he gonna fly around following them?
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