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Libby resident says Rep. Daines failed to respond to his certified letters

| March 11, 2014 12:06 PM

Letter to the Editor,

I am having a problem with the U.S. Forest Service stonewalling a written recorded contract agreement on the easement they have with me for Forest Service Road No. 601 where it crosses my private property.

The Forest Service has breached the contract and refuses to honor the “Rule of Law,” and, in so doing, is in violation of the Constitution.  We are a nation of laws, not authorities that assert their power abusively.

I have informed the Forest Service that they are violating the Constitution according to Article I Section 10, which says in part, “.... or law impairing the obligation of contracts ...”,  which places responsibility on the federal government to protect contracts, not to deliberately break them.  

I have submitted the written recorded legal easement contract several times to the Forest Service. Representatives of the Forest Service failed to defend their position from a legal standpoint, submitting no legal analysis that justifies their position.

Sufficient review time has been allowed for the Forest Service to comply. Their inaction makes me think that the Forest Service is not dealing in good faith.

I have sent multiple letters starting May 23, 2013, to U.S. Rep. Steve Daines requesting his assistance on this problem with the USFS.

After a slow start on his part, I sent Daines a letter dated Sept. 30 asking for a written reply from him on what his intentions were in putting force on the Forest Service to comply with the easement contract.  

In another letter dated Nov. 11, I asked again what plan of action he had taken or planned to take against the Forest Service.  Both letters had a certificate of mailing attached. I received no reply from Daines on these letters.  

I sent my final letter Jan. 7 asking if he has filed any formal objections on my behalf with the Forest Service for refusing to honor their easement contract with me on Road No. 601 that crosses my private property. I am still waiting for the reply.  

That was the 12th letter I have sent him. I am tired of sending letters to him which are ignored.

For the record, I have informed Rep. Daines about Article 6, third paragraph of the U.S. Constitution which says: “Senators and representatives of the United States shall be bound by oath or affirmation to support the Constitution.” This oath is before God and all mankind, and it is the duty and responsibility of Daines to defend and protect the “rule of law” and the Constitution from government abuse.

Daines’s silence on this matter is his approval of government abuse of the “rule of law.”  I have reminded Rep. Daines of his quote from the July 2013 “Rural Montana” magazine, page 7, in which he said,  “... the rule of law is a fundamental foundation of our country, and it must be protected.”

Steve Daines, you say one thing and do another. What do you really stand for?

So help us God.

— Tony Kimberlin

Libby