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 By Michael Miller

05/03/2018  11:30AM

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento CA 95814

May 8, 2009


Dear Governor Schwarzenegger,


Credibility is an issue, not yours but perhaps our gold mine. We get blamed for a lot of things that are not true. I am President of Original Sixteen to One Mine, located about two hours northeast from Sacramento in Sierra County. The Company is the oldest gold producer in the United States, incorporated in California in 1911. I’ve had the president’s job for twenty-six years. I am looking for your attention. As a personal reference, I offer Bruce McPherson in Santa Cruz. Bruce is a childhood, family friend. You picked a good man for Secretary of State when you chose Bruce. Give him a call. We regret his loss in the last election.

Solutions are my mantra (as it is for many pre-hippy Californians). Consider implementing the following slogan with your executive branch employees: SQUARE. I remind our hard rock underground gold miners to incorporate it into their work ethic. SQUARE. S is for safety; Q is for quality of work; U is for you; A is for “accountability; R is for responsibility; E is for efficiency. Put them all together and it creates or becomes a behavioristic model for success in any workplace.

You are desperately needed right now. I humbly seek some things from you to help the gold mine, the blue-collar workers directly, our depressed rural county and the social and physical fabric of all Californians. Become a statesman during the final years of your term and forget being a political chameleon. Smother the Sacramento “pot-house politicians” (check a large dictionary for the definition) and leave all those in the Senate and Assembly behind. Leave the Judicial Branch alone as well. Until the few scrupulous lawyers raise the bar to expected levels of integrity, honesty and lawfulness, the judicial branch will continue as America’s most despicable arena of outlaws. Tell all of them to, “Become the professionals that once walked the halls of justice. Become a statesmen, like me.” This can be your legacy to Californians, a return to the elected statesman.

The SQUARE in all three State and Federal branches is gone. If you can just fix the Executive Branch, it will set an example and get business humming in California. It will bring jobs to rural California.

Gold miners have encountered many examples of inappropriate behavior from people in the agencies you control. I wish to share with you or your appointee some experiences that others and I encounter in dealing with Sacramento. Let the other public officials make the laws and administer the justices. Your Executive Branch holds the catbird position. As Governor you hold the strongest weapon. As Dirty Harry would say, “Make my day!” Please reinvent the lost art of statesmanship. We need you in the trenches with us.

If you have never travel underground in the majestic Sierra Nevada Mountain range, consider accepting my offer to take you inside Mother Earth and see her as never before. See where plate tectonics smash together and bless our continent with one of the richest gold deposits in the world. You can bring your kids. They will love the adventure.


Sincerely yours,
Michael Meister Miller, President

 By Michael Miller

02/14/2018  12:38PM

I’m writing a brief for the two citations heard last August. MSHA agents rely on history of citations issued to a mine operator to levy penalties. During this hearing the inspector admits to her careful review of past citations and used it to speculate on our negligence; however under questioning she admits that the actual situation she saw on September 21, 2016, didn’t resemble the historic situations she reviewed. She went ahead and testified that the past history elevated the negligent. Is this justified?

Our mining operation also has a history regarding MSHA performance. The federal government will not be proud to acknowledge the past of this most valuable agency. Over my life as a responsible person for the safety of our miners, MSHA has been a root cause in harming the miners. It must change, and I sense that it will as more responsibility flows from Washington DC to its agents. Below is a correspondence I found while preparing this brief.

MSHA Archive from 1997
A subtle but perhaps most serious side effect of the agency’s and its agents’ behaviors over the past thirty months can be found in the minds of our young miners. As we train and give ongoing guidance to the nuances of underground mining, they are witnessing unreasonable behavior from a powerful force or authority. It is MSHA. Quite naturally, they are confused regarding the interpretation of this behavior. MSHA continues to create problems where none exist. MSHA has become the ones that place underground bombs throughout the land only to then offer to cure the threat of harm by becoming the ones to remove the buried, potentially lethal hazard. Does this make any sense?

Federal supervisor Bill Wilson, MSHA district office in Vacaville, warned, threatened, and intimidated that I and Original Sixteen to One Mine will receive federal citations if profanities such as the ones their traveling investigators have been experiences in Alleghany did not cease. He said we would be cited because we would be intimidating the agents. Wow. This action by Wilson obviously demonstrates and displays his furious ability to regulate and expression to intimidate. He threatened the FBI as well. What were the profanities? Several miners’ wives gave them the finger as they drove through Alleghany in their federally licensed cars.

I only imagine if they enact these threats, MSHA will master its goals of eliminating or taking over the operating of the mine(s). For without an independent or peer group determination of justice, our powerful Congressional granted agency gets in step with governments and largest conglomerated corporate organizations. Mineral extraction is big business. California is anti mining.


Distant federal agents who foster a program of intimidation and extortion stepped up their program to control the operations of mining in the United States. Slow but steady progress towards this goal enveloped the large mining companies. Why did the giants go down first? The top commanders of the large companies found the federal government a strong ally in crushing small companies and individuals seeking minerals. The reward: eliminate competition. Are there other reasons as well?

Little differences appear between the “want-to-be police enforcer” mentally displayed by field agents and a “want-to-be Perry Mason” advocate called the U.S Solicitors. My quest of discovery moves from Alleghany (the mine) and Vacaville (the field and regional headquarters of MSHA) to San Francisco (the lawyers). In this investigation, the route from San Francisco to Washington DC is very direct.

Find a way to inform Americans. Find local reporters to write an article. Contact national television personalities to do a story or interview. Our cash flow woes are a result of not finding enough gold. Our miners and company have been occupied with unreasonable demands by MSHA. We were unable to break enough rock for the statistical averages of success at our extreme high-grade gold mine to unfold.

Once a round (the daily footage advanced by an underground crew) is lost, it is never recovered. MSHA forced us to miss many rounds. Its unreasonable application of law (An Act of 1977) shifted from field agents and regional administration to US Solicitors offices in San Francisco. The country must begin looking into the behavior of a group of career federal lawyers. It seems to me that these lawyers have forgotten whom they represent. Like other silly and truly dedicated government employees, they are public servants for the tax paying American people. They forget the purpose of their work. Like poor little lambs, they have lost their way. For MSHA, it forgot the purpose it was created.
 By Michael Miller

11/30/2017  4:36PM

ONE HUNDRED YEARS AGO from
The Mountain Messenger
California’s Oldest Weekly Newspaper
Downieville, Sierra County, California

November 17, 1917

MINING NEWS
Items of Local Interest about Sierra’s Mines
There is a queer mix-up in the decision of the jury which tried the Sixteen-to-One vs. the Twenty-One case in San Francisco recently, and a new trial will have to take place. A report of the verdict in a San Francisco paper says:

Although a jury in the United States district court gave a verdict in the Sierra county mining suit of the Original Sixteen-to-One Mine Company vs. the Twenty-One Mining Company last Thursday, no judgement has been entered by the clerk of the court. The verdict read: “We the jury, finding favor of the plaintiff and assess the damages against the defendants in the sum of $100,000 less cost of extraction of the ore on account of unwilling trespass.”

The defendant’s claims $78.000 as the cost of extraction. The verdict was returned at midnight and handled seal to the United States Marshal. The jury then went home. On presentation of the verdict of Judge Frank H. Rudkin the following morning, the judge said he would not order the judgement entered, as the verdict was too uncertain, and that he could not order the jury to correct it, as it had been discharged. The verdict then had to remain in midair. The trial occupied nearly four weeks, and involved mining property worth hundreds of thousands of dollars. During the course of the trial, moving pictures of the mines in operation were thrown upon a screen in the court room.

...

 

  
 
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