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Gary Harrington Sentenced to 30 Days in Jail for Collecting Rainwater on His Property

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In Eagle Point, Oregon, Gary Harrington was sentenced, on Wednesday, to 30 days in jail and over $1,500 in fines because he had three reservoirs on his property to collect and use rainwater.

Harrington plans to appeal his conviction on nine misdemeanor charges, which were made based on a 1925 law for having what state water managers called “three illegal reservoirs” on his property, and for filling the reservoirs with rainwater and snow runoff.

Harrington told CNSNews.com (audio below): “The government is bullying. They’ve just gotten to be big bullies and if you just lay over and die and give up, that just makes them bigger bullies. So, we as Americans, we need to stand on our constitutional rights, on our rights as citizens and hang tough. This is a good country, we’ll prevail."

According to Oregon water laws, all water is publicly owned. Therefore, anyone who wants to store any type of water on their property must first obtain a permit from state water managers.

Though the state Water Resources Department initially approved Harrington's permits in 2003, the state, and a state court, ultimately reversed the decision.

Harrington said: “They issued me my permits. I had my permits in hand and they retracted them just arbitrarily, basically. They took them back and said ‘No, you can’t have them,’ so I’ve been fighting it ever since."

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magicbbs's picture

The “4th BRANCH of

The “4th BRANCH of Government” (the Jury) needs to see that in A SPECIFIC TRIAL when a SPECIFIC government demand is being applied EITHER inappropriately OR Unconstitutionally; the Jury has the DUTY, to make a NON-PRECEDENT setting decision to find that defendant, IN THIS CASE, NOT GUILTY. A similar case brought before a court AFTER this decision is NOT SUBJECT to this decision. The NEW CASE MUST BE TRIED ON IT’S OWN MERITS. This is why it is a NON-PRECEDENT setting decision. And, this becomes ONLY the DEFENDANTS exception to the rule. Re-trial is NOT allowed because of DOUBLE JEOPARDY.

JURY DUTY OREGON STATE CONSTITUTION: Section 16. ... In all criminal cases whatever, the jury shall have the right to determine the law, and the facts under the direction of the Court as to the law, and the right of new trial, as in civil cases.

The Jury DUTIES of the people have become so blurred it’s no wonder people feel they’re just a rubber stamp for the powers that be. BUT, when, in a blue moon, a case comes up that has special circumstances for a Jury to pay attention to, we throw up our collective hands in frustration not realizing that we HAVE A SOLUTION. AND, if you have to ASK, “gee do “i” HAVE the right to do that?” REMEMBER, you don’t need to ASK permission when you ARE SUPPOSED TO know this already. Really? Yes, the Courts have ruled Juries need to know this information BEFORE they come to serve in a courtroom. And, Prosecutors probably feel that a Jury is a dreadfully unpredictable legal inconvenience to their case; so, they don’t like this either. OK, let’s just have the courts decree summary judgments and dispense with the Jury altogether … so far it looks to me that THIS will be our LEGACY to the generations AFTER us …

MAGICBBS

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