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December 13, 2012     The Sundance Times
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December 13, 2012
 

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Page 5 The Sundance Times December 3, 201: This week, I should like to tell you the story of The Day I Was Nearly Mur- dered (and then definitely wasn't). I'm not generally prone to panic. On the other hand, I am English and should not be placed in the vicinity of firearms without a very good reason. Because, this: Mike Burnside photo In case it isn't immediately obvious from the ineptitude of every English- man ever depicted on film with his pistol pointed in the wrong direction (which is all of them), we're not very good with guns. We haven't got any, you see. To the English, a gun is a mytholog- ical weapon used in times of national emergency, such as when faced with terrorism or aliens. These are the only conceivable situa- tions in which you should place a working firearm in the hands of a Brit, unless you want someone's foot to be shot off. Nope, the state of being best de- scribed as Being Near Me With A Gun is not one to be undertaken lightly. As far as I'm concerned, an unknown man prowling through the trees in one's back yard while carrying a rifle does not count as a good reason to Be Near Me With A Gun and will do nothing but provoke anguish, distress and overreaction. One cannot simply wander outside and demand an explanation under these circumstances, because the answer to, "What are you hunting?" will almost certainly be, "You." Hop- ping from foot to foot while staring through each window in turn proved equally unhelpful, so I decided to gather photographic evidence of my murderer to help the CSI team in the wake of my inevitable demise. I immediately hit an unforeseen problem: no zoom on my camera phone and absolutely no possibility of being stupid enough to go out- side. I achieved a blurred picture of This Side of th Pond Notes from an Uprooted Englishwoman BY SARAH PRIDGEON the front six inches of an ominous, partly-hidden truck with zero defin- ing features and neither license plate nor murderer before scuttling back to the relative safety of the kitchen. Next idea: call the husband. Scup- pered by recorded message with no interest in predicament. Stage three panic imminent, I sent Morn-in-Law a nonchalant text, ca- sually enquiring as to whether she knew of a reasonable explanation for there being a prowly man with a rifle outside the window. "Nope," came the reply. "I'm on my way." If there is one thing in this world more worthy of respect than a man with a very big gun, it's a mother de- fending her own. I continued to hide bravely until her car appeared on the horizon, an angry dust cloud in its wake, ready and prepared to cut off the murderer's path of es- cape. My heart swelled with relief to see the ominous green truck chased away, its proverbial tail between its legs. The day was saved, the damsel rescued, the murderer full of regret. Anti-climactic addendum: it wasn't a murderer, just a game warden, calmly doing his job. He was apparently searching for an injured deer by utilizing his years of training in being unnecessarily frightening to British people. And so, the moral to today's tale of Almost Murder is as follows: when dealing with your easily spooked English guests, please be sure to leave your shotgun in the car. You really don't want the rescue team alerted. The Federalist Papers BY TERRY HENDERSON Federalist Paper #81 - Part 3 He suggests it would be useful to divide the United States into half a dozen districts with a federal court in each district, instead of ev- ery state. Those judges, with the help of state judges, may hold circuits for the trials. Justice could be administered with ease and appeals would fall within a narrow compass. This makes it nec- essary that the power of the inferior courts should exist in the full extent it is to be found in the proposed con- stitution. His next topic in this paper is how the judicial authority is to be distrib- uted between the supreme and inferi- or courts of the union. He refers back to Article DeYi TOwer W 827] III, section 2: "in cases affecting ambassadors, other public ministers and consuls, and those ( in which a state shall be a party." Public re_in- .-. ister , ar ' e,.immediate representatives of thei , qv -Ieign .All qU. stions in which they are concerned are directly connected to pub- lic peace, so it is proper that such questions :, should be submitted from the beginning to the highest judiciary in the nation. While consuls 1 7'DRoad, are not strictly diplomatic characters, they /vloorcrofti WY 82721are public agents of the nations to which they Home: 307-756-9294, belong, so the same applies. In cases where a Fax: state is a party, it would not suit its dignity to Emc0: rmemlek@wvoming.combe turned over to an inferior court. Some alarmists suggest that the assignment G ernor of public securities of one state to the citizens of another would enable them to prosecute the state in the federal courts, for the amount of those securities. This is without founda- tion. The nature of a sovereignty (individual state) does not make it amenable to the suit of an individual without its consent. Unless Pax: 307:632-3909 there is a surrender of this immunity in the Websffe.govemor.wy.go / Constitution, it will remain with the states, thus no real danger is present. The articles of taxation already addressed that state gov- ernments would not get rid of the privilege of paying their own debts in their own way, oth- er than the obligations of good faith. There is Office Building, no compulsive force {i.e. police, military, etc.) against states should they face a suit against them, because you can't wage war against a contracting state. Contracts are binding only on the conscience of the sovereign. - ........ shefidanOfflce: " The original jurisdiction of the supreme 2Nor Main Street, Suite 206, Sheridan, WY82801 court would be confined to two classes of Main:307-672-6456 causes, and those rarely occur. In all other Webs'rte: barrasso.senate.gov causes of federal rights to deal with a particu- lar matter, the original jurisdiction would be- long to the inferior tribunal, and the supreme court would have nothing more than the role Senate of appellate court, "with such exceptions, and ..... under such regulations as the congress shall maker ToH: ee:i{ 8]250.1879 The appropriateness of this inferior juris- ''::Gllleffe OffiCe: diction has not been called into question re- . $,Kendrick Avenue, Suite ii garding matters of law, but to matters of fact. ,,Gilleffe, 82716 Some men have decided these courts are an .... Main: 307-682-6268, implied higher level than trial by jury, in favor Fax: 307-682-6501 of the civil law mode of trail which is common in courts of admiralty, probates and chancery (court of rights which can't be obtained in courts of common law). The word "appellate" is not under- stood to have the same meaning in all places. In general principles, it means the power of one tribunal to review the proceedings of another, either as to law or fact, or both. It can be done with or without the aid of jury, as my be judged advisable. If, after reexamination of the fact, once determined by a jury, it may be decided by a second jury to ei- ther remand the case to the court below for a second trial or by directing an issue imme- diately out of the supreme court" (removing it entirely). It does not necessarily mean that the fact determined by the jury will be al- lowed in the supreme court. Why, if an error has occurred in the inferior court can it not be brought to the superior court? It cannot start a new enquiry concerning the fact, but it recognizes the right of a court of law to deal with a particular matter and the record of the fact, to pronounce the law arising upon it. It is not possible to separate the jurisdiction of both fact and law. "Though the common law courts of the state ascertain disputed facts by the jury, yet they unquestionably have ju- risdiction of both fact and law; and...when the former is agreed in the pleadings, they have no recourse to a jury, but proceed at once to judgment." Because of this, appeals do not necessarily imply a re-examination in the supreme court. To avoid all inconsisten- cies, it is safest to declare generally that the supreme court shall possess appellate juris- diction, both to law and face, and that this jurisdiction shall be subject to exceptions and regulations as the national legislature may prescribe. This allows the government to modify the best answer to the ends of pub- lic justice and security. This does not abolish trial by jury because the original trial may have been tried by a jury. The authority of the judicial department has been carefully restricted to those causes that are proper for the knowledge of the national judicature, that in the partition of authority, only a very small portion has been reserved for the supreme court and the rest consigned to the inferior courts. The supreme court will possess an appellate jurisdiction both as to law and fact in all cases referred to them, but subject to any exceptions and regulations. This appellate jurisdiction does not abolish the trial by jury, "and that an ordinary de- gree of prudence and integrity in the national councils will insure us solid advantages from the establishment of the proposed judiciary, without exposing us to any of the inconve- niencies which have been predicted from that source." Publius i \ COME CELEBRATE EVA'S RETIREMENT! EVA RUSH IS RETIRING AFTER 16 YEARS OF SERVICE WITH SUNDANCE STATE BANK. MARK YOUR CALENDARS ON DEC. 28TH 2012 FROM 1:00 TO 3:00! Author to visit Sundance Friday Friday, Dec. 14, 7 p.m. Have a name etched in an Old Stoney window. Contributions for Old Stoney windows are tax deductible. Credit Cards are accepted. cOW POKES* By Ace Reid ( Dang itI When I get rich I'm gonna start a bank jist for broke cow men. We're the bank for EVERYONE in Crook County. We've been RIGHT HERE since 1895. Your EXPERIENCE will EXCEED your EXPECTATIONS here. Member FDIC' 'Equal Housing Lender Phone 283-1074