District court judge holds unfair trial without a jury of peers

To the Editor:

I read in the last Tobacco Valley News a story titled "County awaits legal opinion" (April 26, 2007, http://web.mac.com/tvnews1/iWeb/practicum/News 1.html), where the District court judge is once again giving people's land away using an incomplete road petition. I talked to Marie Stavenow yesterday (April 27, 2007) and she confirmed what I first thought when I read the story. The judge had a non-jury trial, so much for a trial by a jury of peers. I wonder at what point in time is the court going to be responsible for upholding the law? Tightening up on the Eminent Domain law means nothing if the court restricts the public to non-jury trials and the court can make an end run around the laws.

The laws 7-14-2107 and 7-14-2108 since 1895 reads that if a county has acquired a county road they MUST have a written instrument recorded in the courthouse conveying the land to the county.

When the court takes land without any kind of a title to the land it is going against the fifth and 14th amendments of the United State Constitution and Article II section 17 and 19 of the Montana Constitution and Article 17 section one and two of the United National's universal declaration of human rights.

In Article VI of the U.S. Constitution, paragraph 3, it says, "all executive and judicial officers, both of the United States and of the several States, shall be bound by Oath and Affirmation, to support this Constitution".

This is at least the third time this has happened in Lincoln County, that private property has been taken by the court without payment.

Glen Garrison