September 23, 2018 
 Sunday 
 
 

Forum
Topic:
Two-headed Front

       

Page 1 | Page 2 ]

 By Michael Miller

03/03/2018  5:09PM

We were able to put the entire MSHA Brief on the web sit but not in the FORUM for you to enjoy. This is my small way to help Americans. How and Why?

Our public is ignorant about the necessities and benefits of the well run Natural Resource industries.

Go to the HOME PAGE.Under "Latest News" click "Respondents Post- Hearing Brief." Perhaps think of it as a non fiction novel
 By karld

02/09/2018  4:39PM

I think the water / arsenic issue is still there...
 By karld

02/09/2018  4:38PM

Good news! Are there any other legal issues that our company is involved in?
 By Michael Miller

01/31/2018  4:24PM

Below is news, important news. If you appreciate gold mining, natural resource production or the Sixteen to One crowd, you will be pleased. If the topic seems strange, unimportant or unfamiliar, give it a try to absorb its meaning and significance.


A federal Mine Safety Health Administration (MSHA) hearing was held commencing
August 9, 2017, in Nevada City. There were two dockets. The first docket had two citations and is currently under a briefing schedule by the Mine and Secretary of Labor. The second had nine citations and two orders to litigate. The meeting was conducted by William B. Moran, an administration law judge (ALJ) based in Washington D.C. Today I received a DISMISSAL ORDER from Judge Moran with prejudice.

A 100% dismissal is a rare admission by the Secretary of Labor (MSHA) and the equivalent of a cancellation. All alleged wrong doings by the Sixteen to One miners and operator just disappeared as if they never occurred. The judge wrote “with prejudice” as an adjudication upon the merits and operates as a bar to future action. Another choice for the judge is a Dismissal without Prejudice. This usually means an indication that the dismissal affects no right or remedy of the parties (ours and MSHA). The decision is not on the merits and does not bar a subsequent suit on the same citations. You probably think I am elated with this news. Yes and no. Please read on.

The order dismissing our proceedings listed one old case (Lehigh Cement) considered by the ALJ that he heard in 2010. MSHA exhibited unusual behavior with Lehigh and Original Sixteen to One Min Inc. The joint motion9 MSHA & Lehigh) describes a “proposed settlement motion” for the citations as “vacated.” The joint motion was a peculiar submission in that it recites the penalty criteria then MSHA agrees to vacate [the two citations]. The Joint Motion concludes that “approval of this settlement is in the public interest and will further the intent and purpose of the [Mine Act]. This action by MSHA or more likely its lawyers caused me great wonderment.

The decision continues, “Normally, a settlement motion arises in the context of the parties’ negotiation of the particular citations listed, and more often than not, at least some of the citations are settled for an amount which is less than the penalty sums originally proposed. Where all of the citations in a given docket are vacated, as in this instance, the description of the result as a “settlement motion” seems inapt. Here, the Joint Motion seeks dismissal of the petition for the assessment of civil penalty. The question is whether a motion seeking a judge’s approval to dismiss a matter should be denominated as a “settlement.”

I not only agree with the ALJ, but what are the merits/reasons for MSHA to vacate all our citations? It wasn’t a settlement for no input given by operator? It must be somethings testified to under oath in the August hearing. But what are they?

An ALJ explained to me that the federal review commission has the right and responsibility to protect miners, operators and the public, who pay for all this regulation. What if MSHA and an unscrupulous mine operator conspired to reduce citations for the benefit of both parties? Shouldn’t the instances of this matter be recorded in a public hearing? These are good questions. For now, I can only surmise the reason all citations in this docket vanished, which I will later.

Case Law:
Cuyahoga Valley Ry. Co. v. United Transportation Union, 474 U.S. 3 (1985), held that the Secretary has the authority to vacate citations and that such actions are not review able. In Cuyahoga the Supreme Court noted the distinct roles of the Commission and Secretary of Labor as adjudicator and prosecutor, respectively, and that Congress did not intend a commingling of those roles. In this 2010 hearing the ALJ concluded: “ As at least the title, if not the substance, of the Joint Motion is to dismiss the petition for the assessment of the civil penalty in this docket, and as such action does not require Commission approval, the proceeding has become moot and therefore this matter is DISMISSED, with prejudice.”


What were the merits of our August, 2017, hearing in Nevada City? It wasn’t a joint settlement because Sixteen to One was not a part of any settlement. It wasn’t even a settlement; however it was an admission by MSHA of something legally wrong. Nine citations have nine different standards for compliance. How could an inspector be wrong on nine citations in one inspection?

My experiences with inspectors actually predate the formation of MSHA. I enjoyed many conversations about every aspect of mining with inspectors. They felt comfortable telling me their stories as well. Years ago mine inspectors held onto the ability to judge a situation according to the specific things he saw, his strong background in the industry, his belief in what his role was and the standards established by Congress. Not so today. Very few situations are universally alike; however, the root of these standards is the health and safety of miners. But ones judgement does not come solely from books. What happened here? Were all citations written improperly? Doubtful. Without going crazy with wild speculations the conclusion most likely centers on the inspector.

Here it is. AN ACT, passed in the US Congress in 1977, has a Section 505: INSPECTORS; QUALIFICATIONS; TRAINING. It says, “Persons appointed as authorized representatives of the Secretary shall be qualified by practical experience in mining or by experience as a practical mining engineer or by education.” The inspector who wrote the nine citations and two orders had never worked in a mine. He was not a mining engineer nor did he have the formal education to meet this qualification. This language was specifically written by US Senators, Congressmen and other government and mining executives to insure the safety of those in the natural resources extraction industry. This industry was recognized in the law as a foundation for all other industries. Our government and private sectors knew this important fact.

The August 2017 hearing was more about the future than for monetary penalties. I want you to know what goes on in the trenches in my industry. Thank you for taking the time to learn. My conclusion is: someone, somewhere realized that the shadowy enforcement by unqualified inspectors cannot be continued. This inspector (and I suspect others as well) did not meet the legal requirement to issue citations and extract penalties from the Sixteen to One mine in Alleghany, California. Whoever you were, thank you, all of you. Keep up the good work towards responsible enforcement of important regulations.


Whew!! Glad this obscure subject is over and I hope you stuck it out to read. Truth like gold lies at the bottom.
 By Michael Miller

05/24/2017  2:29PM

My phone rang this morning from a fellow I’ve had many Sixteen to One related conversations but never met. My annual message to shareholders triggered his call. Our lengthy talk pleased both of us. If you haven’t read the April 22, 2017 letter (mailed May 15th), you can find it On the FORUM Topic: Correspondence from the President of OAU. Mining life is good. It can and will get better and surpass great in the days ahead of us.
After this phone conversation as I was rethinking each other’s words, it seemed appropriate to critic the past. With a 164 year old past it could take hours even for me. How trying it could be for those without my background! I looked to the FORUM a place for real history and saw a very important topic without an entry in seven and a half years. I scrolled to the first entry by gfxgold in 2002, reading forward in time.

The Two-headed Front again arises from the ash of nothingness, the Phoenix of California gold miners on 09/05/2009. For those who wrote under this topic, your thought and words are the clackers in the bells of liberty. “For the times they are a-changin’.” Happy birthday to Bob Dylan born today, May 24, 1941. If you are new to the FORUM or haven’t read this topic since 2009, and have a future interest in gold mining, go to the first entry and read forward in time.

"The Times They Are A-Changin'"

Come gather 'round people
Wherever you roam
And admit that the waters
Around you have grown
And accept it that soon
You'll be drenched to the bone
If your time to you
Is worth savin'
Then you better start swimmin'
Or you'll sink like a stone
For the times they are a-changin'.


Come writers and critics
Who prophesize with your pen
And keep your eyes wide
The chance won't come again
And don't speak too soon
For the wheel's still in spin
And there's no tellin' who
That it's namin'
For the loser now
Will be later to win
For the times they are a-changin'.


Come senators, congressmen
Please heed the call
Don't stand in the doorway
Don't block up the hall
For he that gets hurt
Will be he who has stalled
There's a battle outside
And it is ragin'
It'll soon shake your windows
And rattle your walls
For the times they are a-changin'.


Come mothers and fathers
Throughout the land
And don't criticize
What you can't understand
Your sons and your daughters
Are beyond your command
Your old road is
Rapidly agin'
Please get out of the new one
If you can't lend your hand
For the times they are a-changin'.


The line it is drawn
The curse it is cast
The slow one now
Will later be fast
As the present now
Will later be past
The order is
Rapidly fadin'
And the first one now
Will later be last
For the times they are a-changin'.
 By bluejay

10/09/2009  10:20AM

It's an old story, when governments require more money as a result of fiscal mismanagement(of course they'll call it other things) just take it from the ones that have it and the heck with Accounting 101.

By: Reuters
1st October 2009
MEXICO CITY - Mexico's Congress is considering a 4 percent tax on mining output as part of a fiscal reform package meant to boost government revenues during a steep recession.
 By Rick

10/08/2009  7:49PM

We all need to take this whole thing to another level. Here we are preaching to the choir on this web-site. Let's put our heads together using technology and the certain current awareness and under-current dissatisfaction with the the non-freedom movement.

Please blog this on other sites, copy to MySpace, Twitter, FaceBook, and all the rest.

I don't think people are even aware of history anymore, let alone the real-time supressive crap that is stiffling this potential and our collective future.
 By Dave I.

10/08/2009  11:56AM

I agree with you Bluejay, your essay is excellent, send it to the Sacramento Bee, or the Chronicle.
 By bluejay

10/08/2009  11:32AM

The Dark Side Of California, Anti-Mining.

California was once a proud producer of gold. San Francisco was built from the gold that came from the placer deposits and hard rock mines of the Mother Lode all up and down Highway 49.

When California should be a thriving gold producer again with its price at a all-time high of $1060.00, excessive environmental controls, well above world and Canadian standards, restrain the owners of prospective gold properties from seeking, what used to be the "American Dream."

Instead the government in Sacramento shows absoltely no respect for what gold mining used to represent in job security for Californians. Millions of ounces of gold have been taken from streambeds throughout the state and from its deep mines. As early as 1775 along the Colorado River early Spanish explorers first discovered placer gold. Some of the richest placers were in the Columbia Basin-Jamestown Sonora District which have produced 5.9 million ounces of gold or 183 tons. Locally owned businesses and prospectors poured all this money back into the State economy. Sure, the placers have been greatly depleted but the discovery from further exploration will produce great quantities of the metal from California's yet to be discovered hard rock mines.

Mike had a plan but we had to spend our time and money to defend ourselves from outrageous claims with all the obstreperous chatter and negative publicity that followed along with egregious court decisions. Want to find out about the legal system today? One only has to google Martin Armstrong to gets his perspective.

More spectacular gold production came from the the Grass Valley-Nevada City District in Nevada County which produced 10.4 million ounces of gold or 323 tons, plus 2.2 million ounces or 68.4 tons of placer gold.

Today with enormous amounts of gold to be mined and yet found, the State representatives continue to act like morons by sactioning crippling attacks on gold property owners with no moral justification along with exhibiting their narrow-minded self interests yet to be determined. A group of appointed State employees make up rules just so they interpret them the way they want to bleed property owners. The Water Board's demand for money from a historical gold producer who contributed to California's rich history and supported its past healthy economy is just abrasively nonsensical and just plain silly.

California is financially sinking into a black hole with no hopes on the horizon. One hope could be revitalizing mining and putting folks back to work. Instead of supporting mining the State prefers to handicap miners with their rules and regulations.

Our neighbor to the north, Canada, prides itself on supporting mining and the many jobs that it creates for their citizens. Quebec is the best place in the world for mine owners and workers and YES, the miners safeguard Mother Nature. The Quebec miners and their families laugh and shake their heads when the topic of California mining comes up.

Canada actually has tax incentives in place to encourage investment for exploration and mineral production. The Provincial governemnts even lend money to explorers. In Newfoundland and Labrador they have a Junior Exploration Assistance Program. Mountain Lake Resources was recently given $100,000 to assist it in locating mineral resources. This is just one tiny example of government support.

The fact of the matter for me is that the State will be destroyed by people who think THEIR answer for direction is the only way. What a bunch of knot-heads!

Prediction: California will be the first State in the Union to declare bankruptcy. When this happens, State appointed Water Board members won't have their overpaid jobs anymore and will be on the corner selling apples with the miners that they permanently put out of work. I wouldn't want to be them when the cement sidewalk turf wars begin.

A few words from John Embry:

http://www.b-tv.com/features/watch-now/watch-now-enlarged.html?clip=JohnEmbryep211.wmv
 By bluejay

10/04/2009  11:59AM

All assets are being targeted by the State and the Federal governments because these people are financial failures at managing the general affairs of their constituents.

Gerald Celente stated this year that America's second revolution has already started, public protests are just the beginning, he says.

I recently read that ammunition sales have been brisk and that there is a shortage of available supplies. I wonder what's on the mind of the buyers?
 By Rick

09/13/2009  9:36PM

Focus.

The purpose isn't to "get permission"....the government answers to us, unless we drop the ball and forget why we're free.

No more time to ask permission from the seated idiots. It's time to act, not re-act.
 By Dave I.

09/13/2009  2:04AM

If you want right some one in Sacramento, write the governor he does have more respect for the need of the economics of gold production to help turn this economy around.
 By Dave I.

09/13/2009  1:57AM

Assembly Person Noreen Evans is the co Author of Sb670, the no dredging law. She is another person in the State Legislature who has very little compassion for miners rights, nor shows much respect for the will of her constituency. She needs to be recalled.
 By bluejay

09/13/2009  12:24AM

Just finished sending Assembly Member Noreen Evans from the 7th District my feeling concerning the Water Board's illegal attempt at trying to put us all out of business.

All interested parties need to e-mail their Sacramento representatives. The next step should be to march on the State Capitol, get the local news crews out there and have either Jason or Mike explain the facts of life concerning arsenic in Kanaka Creek.
 By bluejay

09/09/2009  5:25PM

I have just forwarded the Mountain Messenger article to State Senator Patricia Wiggins representing my District in hopes of opening some eyes in the State Senate as to the childish behavior and incompetence of the Central Valley Water District Agency.

More should chime in with their State representatives.
 By Michael Miller

09/09/2009  1:07PM

The Mountain Messenger newspaper published its opinion on State Water Board treatment in rural Sierra County in its September 3, 2009 issue. Find it on this web site under NEWS.
 By Michael Miller

09/08/2009  9:57AM

Bluejay, in response to your suggestion below:

September 8, 2009

Dear Dr. Tomas Chaize

A gentleman interested in international gold mining recently presented you to me. I contact you to introduce the gold producing company in California, which I have held the office of President for over twenty years.

Due to some unusual interferences and very poor production in 2007, our performance requires and will improve with an infusion of working capital. China seems to have an awakening to the future value of gold and seems to have the dollars to consider investing in gold mining. (Americans with large amounts of dollars seem to ignore gold as a valuable asset).

Original Sixteen to One Mine, Inc is the oldest American gold mining corporation still operating. It has much undeveloped property and a strong record of proven production. It has sound plans to develop its mines beyond the current activity, especially as gold hovers around the exchange rate of $1000 for one ounce of gold.

Securing working capital is my highest priority. You are invited to examine the company for the possibility of introducing this rare opportunity to take part in the on going development of one of the world’s most under achieving gold districts. The Company realizes that potential investors may have varying reasons for investing. We are creative and are willing to adjust the return of capital and profit to suit the investor.

Please contact me so I know you received this invitation. Your questions will receive a quick reply.

Michael M. Miller
President and Director
 By bluejay

09/08/2009  8:42AM

Here's the link:

http://www.dani2989.com/pdf/oilchina0809.pdf
 By bluejay

09/08/2009  8:38AM

The link below is to an article concerning China's growing appetite for natural resources, especially oil. It is written by Thomas Chaize from France. Mr Chaize has done some important work in the past concerning "Peak Gold."
 By bluejay

09/08/2009  8:16AM

Below is an excerpt from a Tanzanian Royalty(TRE-ASE) report further down:

Here's a name of a Chinese company that could have an interest in joining with us in the search for more prized high grade gold discoveries, Beijing Songshanheli Mining Investment Company.

"In his capacity as the most senior political officer of Tanzanian Royalty, Mr. Kahama was responsible for introducing the corporation to The People's Republic of China. The company’s Mining Option and Royalty Agreement with the Beijing Songshanheli Mining Investment Company signed in February 2009 was greatly a product of his efforts."

Page 1 | Page 2 ]

 

  
 
© 2018 Original Sixteen to One Mine, Inc.
PO Box 909
Alleghany, California 95910
 

Phone:   
Fax:
E-mail:
 
(530) 287-3223      
(530) 287-3455
corp@origsix.com
 

      Gold Sales:  


(530) 287-3540

goldsales@origsix.com
 



Design & development by
L. Kenez