May 29, 2020 

Ideal Time for Facts


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 By Michael Miller

07/16/2006  1:46PM

Please Access NEWS on this web site for another attorney’s view and position on CDAA and Gale Filter. While his client’s situation is different from ours, he raises some thought provoking issues. Many lawyers have lost faith in the integrity of their profession just as most Americans. One on one I am hearing more complaints by lawyers that fit the CDAA style of courtroom procedures. Next the person pauses and says, “It has been going on for a long time. How can it be stopped?” The option to clean up the courtroom is before all 200,000 members of the California State Bar Association with our lawsuit in Superior Court. Get involved. Spread the word about this Sierra County case. Where is the LA Times? Misleading a grand jury, misleading a judge, preempting the administrative process to prosecute Americans without evidential probable cause, private (non-government) lawyers wanting to be immune form illegal acts, lawyers infiltrating duly elected prosecutors as well as constitutional abuses (SLAPP), should be more interesting to LA Times readers than the deceiving front page article on the mine that was features a few years ago.

Please plough through the motion. Take some action. We need the public and the non-threatened lawyers to step up to the forefront of this battle.
 By Michael Miller

06/30/2006  10:11PM

If you need a refresher on this topic or any other. I recommend you go back to the first entry and read from first to last in order. Better yet, new lawyer lovers and lawyer haters, read the whole factual and proceedural entries dealing with the CDAA affair.


Scenario entitled “Enforcement of Criminal Law Based Upon the Crime of an Officer of the Court Misleading a Judge”. It is a crime in California. Its enforcement and prosecution approach nil. Why?


Misleading a sitting judge (court in session) is something more than a breach in the Lawyer's Code of Ethics. What and which code covers this crime? Do ethics have a place in law anymore?


The bad guys lawyer, Tom Knox, wrote and signed an appeal to the third court of appeals in Sacramento that fails the smell test for legal credibility. The Company’s brief is due on July 11, 2006. It is difficult to read because of its nonsense.

I am not a lawyer and do not approve of a professional code that abuses Californians’ trust in the sanctity of lawyer's behavior. They are State Officers of the Court. It is our third branch of gonvernment and just as important to our freedom as the Executive and Legislative branches. Lawyers who commit perjury before a magistrate, lawyers who knowingly mislead a judge and lawyers who do not approve of these behaviors should speak out. They need to know that the stage is set to continue the game of words. This was how George described it, “Remember, it is a game of words”. We are expanding. I remember.
 By Michael Miller

01/19/2006  2:12PM

On January 18, 2005 the company received a Notice of Appeal, dated January 12, 2005. The defendants are requesting that the Court of Appeals of the State of California, Third Appellate District, toss out Judge Young’s denial of their Motion to Strike pursuant to Code of Civil Procedure Section 425.16. It seems like a specious attempt to drag out time. Why would the defendants want to drag time? Why would Lloyds of London (insurer) want to drag time? Why would defendants’ lawyer want to drag time? It was not unexpected.

Tom Knox must prepare a brief for the Court of Appeals in which he must offer the reasons why Judge Young was mistaken. If the reasons are found to lack judicial substance, monetary consequences are possible. The abuses by everyone connected with defendants are under review with a high-powered microscope. I offer an opinion that this latest attempt to foil justice will meet the same ending as all the defendants’ prior maneuvers. It will be denied.

The company also received the defendants’ Verified Answer to Verified Third Amended Complaint for Damages. It is a boiler-plated denial of any wrongdoing. I am puzzled that Mr. Knox had each defendant verify that each defendant “was employed by the office of the District Attorney of Sierra County”. Not true and not possible according to CDAA’s contract with the State of California.

Tom Knox listed twelve affirmative defenses. Klaus (Sixteen to One attorney) found nothing unusual, pretty typical of insurance funded answers. I am glad they answered and not concerned with their assertions of denial. Number twelve is a fascinating twist by this group of outlaws (not my opinion). It is an “Indemnity and Contribution” defense, which says, “Should Defendants be found liable, it will be due to the activity, primary, culpable conduct on the part of Sierra County and the District Attorney for Sierra County, and Defendants shall accordingly be entitled to indemnity and contribution from those parties”. Can you see the hilarious dichotomy of this posturing? For months they proclaimed they were acting under the law as public prosecutors with the Carte Blanc protection of the government to protect them from violating the law. So what is this defense all about?

Finally, I must tell you about their sixth affirmative defense. Tom Knox tells the court that, “no relief may be obtained under the complaint by reason of the Doctrine of Unclean Hands”. This is another example of how the lawyers are using the courts to fight amongst themselves at the expense of the American public and a new one for me. According to, unclean hands is “a legal doctrine which is a defense to a complaint, which states that a party who is asking for a judgment cannot have the help of the court if he/she has done anything unethical in relation to the subject of the lawsuit. Thus, if a defendant can show the plaintiff had ‘unclean hands’, the complaint will be dismissed or the plaintiff will be denied judgment.” I know the factual circumstances of this case better than anyone and am pondering what the bad guys will cite as unethical behavior by plaintiffs.
 By Wovoka

01/09/2006  7:44PM

Hi Michael:
The CDAA should know the Ghost Dance is still alive in Sierra County. Ah Dan
Chief Wovoka Earthwalker
 By Gold_Fever

01/09/2006  1:04PM

Wow, great article, I sure hope it plays out just as written. Any chance the Mine stock will go pubilc again? Wouldn't that help to generate some capital?
 By gfxgold

01/06/2006  12:50AM

An interesting report and forecast on the price of gold. Go to:
Since the Forum does not automatically create weblinks in the text when typed, highlight the web address (URL) above by holding down your left mouse button and drag the cursor across the web address. When the highlighting is complete, use your right mouse button and click on the highlighted area. A menu will appear. Using your left mouse button, select "Copy." Move the cursor up to the "URL Bar" (web address bar) in your browser and with your right mouse button right click the current web address. A menu will appear. Select "Paste." The new web address is inserted into the URL Bar. Hit the "Enter" button on your keyboard and there you are!
I'm sure that a lot of you already know how to do this however, I recently had a conversation with a forum user who did not know how to do this and was manualy typing the web address in. Remember, the right mouse button is your friend.
 By John Yuma

12/27/2005  10:50PM

Hi Mike:
You say you are refraining from calling the CDAA defendants carpetbaggers and bottom suckers etc. Does this mean that all us blokes have to do the same? These audacious scum bags come to Alleghany Days and brag to themselves in front of others that they are "going to get Miller". After you take all of their money, I hope you have them thrown in jail.
 By Michael Miller

12/14/2005  5:41PM


Nice to learn where you are. If any of the lookers, who talked with us had bought into our plans at the Houston oil show, we all would be rolling in gold and profits from the increase in out share value. It seemed like a natural for oilmen to venture into the speculations of gold. The Middle East oil producers sure understand the relationship of gold and black gold. See if you can find some interest in Texas. It seems like a great time for some of those cowboys to become miners.
 By LaFreniere

12/12/2005  4:31PM

It appears that the 16 to 1 had anticipated what is currently happening in the energy and currency markets. Houston
ignored the now obvious...
There still may be time...

Jon E. La Freniere
 By Michael Miller

12/10/2005  3:49PM

Your recent contributions on the Forum, by phone and by E-mail regarding our lawsuit are important. Your appreciations are appreciated. But equally important are your comments about how you see this activity. More and more readers are coming to the web site each week for the first time. Few will spend the time to go back and learn how the CDAA gang conducted the whole issue of the criminal prosecution and how we reacted to their obvious misuse of the law.

For a long time I was on the defense. This took a terrible toll on the company, its operation and me, both as President and as an individual. It consumed my time and thoughts every waking moment until February 13, 2003, when the case was tossed out of court. At that point the defense game ended. At that point there was no requirement to continue the game. After thinking about the damages both our company and I suffered, I chose for both of us to go on the offense, which we did by filing a cause of action, naming five defendants. Lloyds of London insures the bad guys for malpractice and bought a lawyer who chose to act as if his clients remained on the offense. It did not work. They lost every motion to get the case tossed. There will be a trial some day to determine two remaining issues, one being just how great were the damages to the owners of Original Sixteen to One Mine and Michael M. Miller.

We control the game. We can call it over any time. The bad guys cannot.

Now, specifically to the recent remarks on the FORUM. The case is not consuming my time at the expense of the Sixteen to One mine. I am able to research the law, plan strategies and play offense while keeping the mine operation to find gold alive. Law and the judicial branch of our government have been a life long hobby. I gave up golf. I no longer body surf in the Pacific Ocean. I avoid fishing and hunting. Unfortunately, my Harley and dulcimer are gathering dust. I do not have a television. I have the time and desire to play the game Mr. Tom Knox (the bad guys’ Sacramento mouth piece) and his defendants have chosen to play: bury the enemy in paper.

Our operation in Alleghany has suffered and continues to operate well below its potential. Pursuing a just outcome from the unjust behavior of a gang of lawyers who should have known better is not the reason we are under achieving right now. I believe that the facts surrounding our imprisonment must be adjudicated and will not cease moving this case to trial. Our gold operation is suffering because the person(s) with money and intent have not stepped forward to join what will be the greatest success story in the 21st century gold rush now underway.
 By ronsrox

12/08/2005  10:30PM

I have been the "recipient" of awards as membet of a "class" in three class action suits. Two were against Providian; I did not realize that I'd been harmed....but the two checks, one for thirty seven cents and the other for two cents made me feel much better. The last was more recent. It seems that NetFlix had harmed me to the point that they had to offer me a free month of 5 movies at a time rather that just my usual three. I feel so vindicated. I am PROUD to be a shareholder, no matter how small, in a company run by people with principal and balls that Mike and his minions have shown.
 By Rick

12/08/2005  9:47PM

Reading about our frustration from the lack of tangible production up in Allegany, I'll agree, it sucks. Yeah frustrating as hell on wheels.
With the miles and miles and miles of drift, why isn't it a no-brainer to foster a dedicated crew to go locate the next million-dollar pocket? Why is the president of this historically productive icon of hard-rock gold-quartz mining so involved in a court-room, instead of involved in sending a crew underground where all the gold is? Why, as some may ask, is he wasting time? Why, again from the same ones who ask the legitiment question, is he dallying in a bunch of legal crap, instead of rallying a crew, enticing an invesor base, putting forth a plan to extract the ultimate pocket? Why is Mike Miller, the president of our company, director of operations, spending his time in court, with endless motions and appeals and then more and more and then even more motions, instead of hiring more of a crew for Ian, the most competent hard-rock miner in all of the Allegany Disrict?

Because it's the right thing to do.

And, defeating the ones who would love nothing more than to take away the prospect, no-one could possibly propose the contrary. What would we have to look forward to, when there would be no mine?

Court cases, lawsuits and all that crap sucks. Remember, Mike Miller and the Original Sixteen to On Mine didn't fire the first shot; in fact, instead, has done something that so many of our culture under assault by the massive public sector (or psuedo-public sector, aka CDAA) rarely has the balls to do....fight back.

Always fight back when its the right thing to do. You know when its the right thing to do when its the truth. This, of course, takes patience.
 By SDutton

12/08/2005  6:08PM


Thanks so much for your trip to Elko and your wonderful presentation you gave to us in Elko at our WUMA meeting. It was great for me personally to see who all turned out. As for me, who works at Queenstake Resources here, almost all of our geologists and engineers showed up! I also saw many people who I have not seen in such a long time. The Sixteen to One I know holds a facination for a lot of people here. For many different reasons. I wish you the best of luck and you are welcome any time here! I hope to see you at the Mine Expo this June. With gold prices the way they are, I would expect it to be a record year. Please contact me for more information. Thanks again!

Samantha Dutton
Vice President
Western Underground Mining Association.

12/07/2005  3:41PM

“Victory for Truth”

The State of California’s Occupational Safety and Health Appeals Board issued the following order on December 1, 2005:

On November 10, 2005, the Division and Employer submitted to the Appeals Board a written motion entitled “Stipulation of Parties and Motion to Board to Approve Same,” which, by mutual agreement of the Division and Employer, disposes of all the contested issues on appeal. The written motion is attached hereto as Exhibit A.

GOOD CAUSE APPEARING, the Appeals Board hereby grants the written motion of the parties, thereby disposing of the instant appeal as set forth in the motion. Because no other issues remain on appeal, this proceeding is hereby closed.

Candice A. Traeger, Chairwoman
Marcy V. Saunders, Member

The contested citations were issued after the tragic accident that took the life of miner Mark Fussell on November 6, 2000. One citation alleges that, “the 1 ½ ton Mancha battery operated locomotive had a defective speed controller and was not removed from service.” One citation alleges that, “no warning device was installed on an overhead chute that restricted clearance.” Both allegations were considered as accident related, especially the later, which was considered as “Serious Accident Related.”

The first citation is withdrawn by the Division on the ground there is insufficient evidence to sustain the Division’s burden of proof that the speed controller on the locomotive was defective prior to the accident or whether the defect was caused by the accident. The second citation is reclassified to “Serious Non Accident” related. “The Employer Appellant has provided new evidence to the Division indicating that the cause of the accident was not the failure to have the chute marked but was the fact that the victim was distracted by another miner and by personal problems that caused him to be inattentive just prior to the incident. The Employer contends that the incident would have occurred regardless of whether or not the chute was marked or if warning devices were in place since the employee was not looking at the chute or in its vicinity just prior to the accident and consequently would not have seen markings on the chute or other possible warnings of the restricted area caused by the chute.”

There you have it. All the information was available to CDAA prior to its ill-conceived assault on the mine and its employees. The administration process in California was preempted by the private lawyers now defendants in a civil action for damages.

12/07/2005  9:18AM

Hey Mr. Yuma,

You are right about Ian. He was seated when I stopped by the mine shop. He was upstairs in the new office working on some maps. Think it had to do with a second exit map to go to MSHA. Later his small crew decided on their best shot for high grade, which is where they are working right now. Can you think of any place except the Sixteen to One mine where a small crew have the potential to mine $500,000 to $1 million in a single shift? What an opportunity for someone who is not in the gold game to hit the jackpot.
 By John Yuma

12/06/2005  12:54PM

I can tell you, since I was there yesterday. Nothing is going on. Ian, who we all know and respect, is sitting on his ass waiting for someone to show up for work so he can chase a target on the 800 level south of the Tightner shaft.
 By Michael Miller

12/04/2005  12:52PM

You are correct. The time for serious gold mining programs is at hand. The rapid rise in the commodity price or the price of storing ones wealth surprised me. Lee Erdahl, a retired director, used to respond to the question of gold’s price situation was, “ It could go up some more or it could go down.” His fundamental position (he was a director of Freeport Gold and a past President of a great small gold corporation) was to leave the market speculation to others. The possibilities to make money or lose money in gold should be with us for more than a couple of years.

You are correct. The operation has little cash to expand its operation into the area it has determined is the most lucrative. Obtaining the working capital with an eye to the long range interests of the Company is my focus. We have assets to liquidate for no short term downside; however they will have far greater value to our Company in the long run than they would sell for now. During our managements recent discussions about the financial dilemma we face, a proposal floated to the top. It will please current shareholders and it provides significant gold returns to newcomers. If you are a shareholder and want a copy of the proposal e-mailed or regular mailed to you, e-mail corp
 By Rick

12/03/2005  9:29PM

This recent surge in mining interests deserves a topic heading!

(I realize right now there is a small crew...and that money's super tight...)

We're starved for even a hint of news, such as how walking in the 1621 adit makes the heart skip because of prospect, not necessarily results!
 By John Yuma

12/01/2005  9:33PM

The S.F. Gold Conference on Sunday and Monday was a mob scene of people wanting to invest in gold exploration and mining companies, all with a wish and a hope. With gold over $500/oz it is time to cash up
 By Michael Miller

12/01/2005  8:48PM

Looking for some gold on 800 level south of Tightner Shaft and rain. How was the gold show in San Francisco? Are the exploration guys spinning their tales?

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