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The Sundance Times
Sundance, Wyoming
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August 14, 2003     The Sundance Times
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August 14, 2003
 

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Thursday, August 14, 2003 "WHERE THE KID GOT HIS NAME" ELIZABETH CANFIELD I don't know if it is right or wrong to Point out the following facts: Every few days, I pick up the first thing in ~ to find that some more of 's young people have died, or been cruelly injured in car amldents here in the stats. heerEVe~ few days, I tum on TVto that we have more casualties in Iraq. AnoOmr death or two. Several m0re of our country's young paople maimed, to fight I~ way beck from Injuries. It Idnd of sidms the joy off the top Oflhe day, doesn't it?. I don't think it's my l ace to start drawing anak , or arguing about the necessity of the Present of our tmops amund the wodd. rye decided that the i know about sornething, the easier it is to form rigid opinions; far t0o many w ds are written or spoken that go ~lcitizens. I only know we owe these more than we can ever But - there is someth we should begin to think about gar ng Wyom young and dd. Monday night coning back from the ranch after a birth~y party, I started thinking about all gadgets that are now standard equipment on our cars, and how much time we spend attending to them. Radios, CDs, CBs, cell phones, temperature gauges, lighters, beverage holders...eating and drinking are standard behavior...sometimes it seems as if the driving is incldental...do our kids grow up knowing the instrument they are herding down the road is a potential lethal weapon when we adults behave as we do? This week, AP released a study tracking 70 drive~ from Nodh Carolina and Pennsylvania, ages 18 to 80, with cameras that measured their readions to traff conditions. They found 30 percent of ~ subjects used cell phones in moving traffic. Some 97 percent leaned to reach for something; 91 percent fiddled with radio contiols. Dnvers were more likely to swerve while eating, reaching, or tending to infants. Babies in a vehicle distracted drivers an average of 8.4 times per hour. This study made no ment a of the added effects alcohol, drugs, sleep deprivation, or the easi assumed convivial atmosphere of many cark ds of cor ga l people, can have on drivers. Resea~ reported that they have no clear idea of the extent of the driver dlslracOon problern. Do any of us take seriously the that we need to be 100 percent atten e to our driving? I think each of us can Y,:jure that out and pass it on down to our young people. to the Dear Editor:. This is in reply to the article on the Moskee tract. I personally think the slate should own it as it would be opened for multiple use with few restrictions if any and we could set up a board locally appointed by the state not the commissioners. It has been very negative, the response to b~e citizens of this county by some of the commissioners. This is very important to ttm citizens. Cole creek would be open to f~hing, Hunting would be available, a new snowmobile trail could be established to connect to the South Dakota side and that could mean more business locally if we could promote it in the winter time. The grazers Would have to bid on their allotments and that would mean income to the Irate. These would never be state lands as we know them. But state OWned land for keeping open space and multiple use. Madene Simons To the Edit . We appreciate the friendly and helpful people and merchants we have met our recent visit to the Sundance area. While in Sundance we visited historical museum, and with the help of the staff there, we were able to k)cate eady copies of the Crook County News at Hulett and the Sundance 1"Ones newspapers to confirm family history that our father, Clifford D. Irwin, ----Attorney General's Opinion---- Please see related xtory, Page I You have requested an opinion regarding the State Loan and Investment Board's ('SLIB") authority to purchase and manage real estate as an investment using Pemtanent Mineral Trust Funds as purchase money. The reason for your request is that the SLIB is interested in the Homestake Mining property presently for sale in Crook County. Crook County itself is concerned that the county may lose property tax revenues should the SLIB acquire the Homestake Property. Specifically, the first question you asked was: 1. Does W.S. 9-4-711 or any other provision of Adicla 7., Chapter 4, Title 9, or Article 8, Chapter 4, T~Je 9, authorize the State Loan and Investment Board to purchase and manage real estate as an investment (i.e., does real estate qualify as an alternative asset class)?' Because the answer to this question is "No., we have not addressed your remaining questions. However, if the SLIB decides to pursue legislation authorizing such an investment, those questions should be addressed in the legislation. DISCUSSION We have reviewed all statutes pertaining to the SLIB and State Investments. The only statute expressly authonzing the purchase of real property a.s an investment is Wyo. STAT. 9-4-701(r): 94-701. Permissible investments; treasurer's rules and regulations. tit (r) Upon reouest of the state loan and investment board, the state treasurer may invest funds received from the sales of state trust lands occurring on and after July 1, 1999, plus up to two million dollars ($2,000,000.00) one-time seed money contained in the common school account within the permanent land fund, by purchasing land and imorovements thereon within this state as Jl~. (emphasis added) The requirements of this statute are as follows: First, there must be a sale of state trust lands. Second, the SLIB must request the state treasurer to purchase land and improvements within Wyoming as trust assets. Third, the The other questions submitted to this office include: 1. If the State Loan and Investment Board is authorized to purchase and manage real estate as an investment, can it use permanent mineral trust funds as purchase money? 2. If the State Loan and Investment Board is authorized to purchase and manage real estate as an investment, would the State have to pay ad valorem taxes on the value of the property pursuant to W.S., lqtle 39, Chapter 13? 3. If the State Loan and Investment Board is authorized to purchase and manage real estate as an investment, would such ownership negatively impact the State's sovereign immunity and thereby increase the State's liability exposure? state treasurer may purchase such land and improvements with the funds received from the sale of the state trust lands plus up to two million dollars ($2,000,000.00) one time seed money contained in the common school account within the permanent land fund. The land and improvements so purchased become assets of the trust. The SLIB is a statutodly created entity. WYO. STAr. 11-34-102. AS a creature of statute, it has only the power and authority conferred on it by statute-doubtful powers do not exist. See, Wyodak Resources Development Corp. v. Wyoming Dept. of Revenue, 60 P.3d 129, 141 (Wyo. 2002) quoting Amoco Production Co. v. State Bd. of Equalization, 12 P.3d 668, 673 (Wyo. 2000); French v. Amax Coal West, 960 P.2d 1023, 1027 0Nyo. 1998). Thus, the SLIB has no authority to purchase real estate as an investmenL In accordance with WYO. STAr. 9-4-701(r), the SLIB may request the State Treasurer purchase land and improvements within the State as assets of the trust. In summary, the SLIB's authority is limited. The SLIB does not have authority to purchase and manage real estate as an investment. However, pursuant to WYo. STAr. 9-4-701 (r), the SUB may request the State Treasurer : had been editor and publisher of both papers during the 1920s. They also invest funds received from the sales of state trust lands after July 1,199g, had many artifacts of our uncle Bob Brlslawn and family, one of the founders plus two million dollars from the common gchool account by purchasing 0fthe Spanish Mustang Registry, Inc. in 1957. land.l~ind improvements within this state as assets of the rust. AS noted in In the Oshofo area we visited and viewed the Spanish Mustangs on the the statute, the availability of funds is limited to the funds reoaived from the Ranch with Emmett Bdsiawn and family. Don and Dipper (Bdslawn) sales of trust lands after July 1, 1999, plus two million dollars in the common of the Lonesome Pine Ranch near Aladdin, took us on a tour of and Devils Tower. We also enjoyed attending the various activities of Crook County Fair with Don and Dipper and watched our younger ~lmson cousins riding in the parade. We were also able to see other from Moorctofl area. We were very impressed with the people and ~'le beauty iof the area. Stelina Irwin Hummel, Kalama,WA Janice Irwin Casteiio, Pacifica, CA 0ear Ed , It seems that my last letter to you has caused some concem, unrest and myself to personal ate. Three letter to my one, WOW! I did R gest my fellow citizens voice then opinions, but it is not helping the school account within the permanent land fund. Further, the statute limits the purchase to land and improvements within the State of Wyoming. In addition, the land and improvements must be treated as assets of the trust. Sincerely, Pat Crank; Attorney Gener~l Michael L. Hubbard, Deputy Attorney General Nancy E. Vehr, ASsistant Attorney General Peek at the Past and Sandy Bernd and Cindy Joy, members. for same people to be the only ones speaking. I have held 35 years ago week so others could have a chance. But I felt the need to August 15, 1968 answer the personal attacks against me. I am neither misinformed, 10 years ago ,Ir~eding, nor dishonest. I know because I checked with my mother and Ted Sager, Sundance rancher, ~. I have no vested interest, nothing to graze there and no hunters to August 19, 1993 was killed Tuesday night in a Even though Mother Nature cave in south of Sundance. The decided to provide cool, rainy accident occurred about 6:00 .I go back to my original point The County Commissioners are the weather on July 24, the Fourth p.m. while Sager and Ted Orr representatives of ALL the c~z_" =e~___ of Crook County. They have not laken a position; what part of the word neutral" is not unders!o~? Yet in Annual Devils Tower Logger were working on a well at Orr's of the letters they are accused of "Top down Government. How is Day Benefit has a great turn- ranch. They were digging a out and added a nice sum totrench below a windmill when =~i.'ng the time to look at all the facts top down government? Cunous the benefit fund. The injured a bank caved in. Sager was at ~ingsare ooming out, though, like one of the vocal supporters who has loggers fund now stands at the bottom of the trench when a *dralt - nothing permanent" (7) of legislation for the Moskee ~ about $4,200. the bank caved in. : .~10W is it the people who should see this plan have not bee.n =tea There were 33 individuals who 40years ago =.mls opportunity? l had not even thought of the grazi'ng permits, lsnt .tt~erea participated in the day's of the previous permit holders always_ getting ~ when .d.ea..llng events, and about 500 people August 15, 1963 the state? The fluid nature of the word probably, as was used m one attended the benefit. Judy Dudrey, daughter of Mr. makes me uneasy. I am also skeptical of the appeal to ~e 20 years ago and Mrs. Kenneth Dudrey, cel- tltlkkxmm~m, what restrictions on who can use it will be in place? The ebrated her seventh birthday at vocal are those who have a concern about loosing business deals to August 18, 1983 a party held in her home graze and guide hunters. They may see an end to their lucrative business Representing the Wyoming Thursday, August 8 with Miss ,a~angements. ThaWs business, but also one of the definitions of a Motel Association and the Sun- Helen Dudrey hostess. HIDDEN AGENDA." That's one of the many angles on, these issues that i dance Commercial Club, The birthdays of Vicky Waugh referring to with my concern of "MONEY TALKS. I am equallyRodger and Jeanette Mathis and her cousin Brad Tschetter t~K:erned with the real estate group s plans. One BIG difference though: addressed the August 8 meet- were observed at a party held eley are not advocates of sper~ng public tax dollars or other government ing of the Wyoming Travel Corn- Monday with a picnic at Reuter =wJatds on something that will beneffi a few with vested interest. That's why mission at Ucross, requestingSprings. Vicky celebrated her ~e Commissioners are doing the right thing by doing due deliberations that a travel and visitors infor- fifth birthday and Brad his acting! The feeling of the meeting reminds me of an old .western mation center be located at third. mlpPe~ng, "STAMPEDE." In the past a loud noise is suppose to tum .me Sundance. 45 years ago need, that's all of us who don't agree. Just as in the past in a stampede, Pointing out that there is the hard will get left behind, others trampled. But the stampede state land available to build the August 14, 1958 yet. Thanks to the common ser~e of the County travel center near the rest stop A Hereford bull entered by and the Land Use Planning Board. But IF there is a REAL and the Sundance Port of En- B.F. Lincoln, Sundance, won for doing what is right for the county, perhaps we should have a try, they stated that people grand champion honors at a referendum so all can speak, in privacy of the voting booth to avoid across Wyoming have shown a Sturgis Saturday at the annual I negative attention from those who have a vested interest. The apparent great deal of interest in theMeade County Fair. and bad feelings against Itmse of us that choose to come here to live proposed center and that 50 years ago "someplace else" is not in the county's best interest. Everyone came Marlene Simons, Representa- one time or the other from "someplace else." We who are citizens bY tive of Crook County and Jerry August 13, 1953 h~reOleh~jij'j'Rce, not bychancaofblrth, are no lass concerned forOUR COUNTY, or Dixon, Senator for Crook and Kindergarten will be held in FELLOWClTIZENS, and OUR TAXES! I mede a decision to move Weston counties are "ready Sundance this year if enough after looking in many states. The quality of lifo here is the best that I and willing to help with the students are enrolled in the ~fir~, quality neighbors, clean and safe environ_r~, t. AS for ,.c~ing project." class, according to Frank C. for "The Big Bucks," please show us where those BIG BUCKS are;30 years ago Wagner, superintendent of S one of the county's problems. Toudsm from outdoorsmen is a part of schools. August 16, 1973 economic base, but it is not the best opportunity to provide a year round 80 years ago income for our citizens. Ranches can only employ a few. ff the New directors were elected is developed for expensive homes, those folks pay big property August 6 during a meeting of August 16, 1923 =~es, buy gas and food. But why does the property heve to be only one the Our PlaceYouth CenterAs- Business was suspended in when a mix of uses would be best? Let's look at all the options, but sociation. Sundance Friday from 2:00 to .~t What is bast for a few. Elected as new board mem- 3:00 p.m. in memory of Presi- Dave R. Craig bers were Ken Denzin, chair- dent Warren G. Harding whose Hulett, WY man; Cindy Sprague, vice chair- burial took place in Marion, man; Andy Fraser, secretary; Ohio, at that time. Everett E. Burgeson Investment Representative EdwardJones 120 W. Hudson P.O. Box 158 Spearfish, SD 57783-1058 Bus 605-642-5778 Fax 605-642-5779 Hm 605-642-7875 800-233-4745 Serving Individual Investors Since 1871 *Notebooks *Pocket Calculators *Pens *Pencils *Erasers *Miscellaneous Student Needs Sumla w., , Wyom 9 UPTON FALL TIVAL SEPTEMBER 6, lO A.M.-6 P.M., UpToN CITy PARK Chili Cook Off & Pie Baking Contest Raffle Drawing for Dave Paulley Print "Air Show '36'" Music Talent Show Ranch Rodeo y0u ARE INVITED TO pArTICIpATE IN THIS yEAR'S UPTON FALL FESTIVAL 12' x 12' booths. Limited to 50 booths.This is an art craft show. Retail merchandise will be considered on a case by case basis. Fee - $25. For more info call 468-2207. 2 ANNUAL ROSE ICLASSIC SHOW & SHINE SEPTEMBER 6, 12 N -3P.M. * Open to all special intest vehicles First 75 vehicles receive dash plaque Send $5 registration to Upton Chamber of Commice, PO Box 756, Upton, Wyo 82635. 468-2378 Or 468-2642 for more info Check it out at: Sundan , Wyoming Member FDIC' Equal Housing Lender Phone D74