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Title: A curious case about corn, birds and Feds
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Published: Feb 1, 2010
Author: Scott Sexton
Post Date: 2010-02-01 05:41:51 by James Deffenbach
Keywords: None
Views: 80
Comments: 3
With officers from the N.C. Wildlife Resources Commission already on his farm as guests for a charitable outing last Aug. 15, Chad Hartley figured that he would ask for a little friendly advice. A few weeks earlier, Hartley's 10-year-old son had been spreading corn along a gravel road on the property — the kid likes to feed wildlife — and Hartley wanted to know if he was in compliance with hunting laws. The boy had several pounds of corn left over at the end of his ride, and instead of taking it back to the barn, he dumped it in on a field where Hartley intended to hunt. He had an outing planned for Sept. 5, the first day of dove season, and didn't want to do anything wrong. (For you non-hunters, baiting — putting out food to attract migratory birds to a specific area — is illegal and unsportsmanlike.) Whether Hartley received any tangible advice on Aug. 15 is in dispute. But on Sept. 5, state and federal agents crept onto Hartley's farm and cited him for hunting over a baited field. They asked for more than $3,000 in fines and that his hunting licenses be lifted. Yes, you read that right. Wildlife officers built a federal case that started with a 10-year-old boy who wanted to feed some deer. Long arm of the law Here's a short version of U.S. v. Hartley, which carried a maximum punishment of a $15,000 fine, six months in prison or both: On or about July 28, Hartley's son hopped on a four-wheeler to spread the aforementioned corn along a road on their 107-acre farm in northern Davidson County. Unfortunately, the field where he ditched the leftovers was where Hartley planned to have his dove hunt. Two weeks later, on Aug. 15, Hartley opened his farm for a Hunters Helping Kids charity event, in which about 140 underprivileged children came out for a day of outdoor activities. As part of that, the N.C. Wildlife Resources Commission set up a display. According to a brief prepared by federal prosecutor Arnold Husser, state wildlife officers noticed that the farm had been set up for hunting, and there were kernels of corn lying along a gravel road and some more in a field where wheat had been grown. The latter two could be problems. At some point during the charity event, Hartley had asked the state officials for an opinion about the field where his son had dumped the extra corn. Husser's brief maintains that the officers explained laws about baiting. Hartley said that the wildlife officials never actually went to look at the field in question. Regardless, he invited them back for the opening-day hunt and accompanying barbecue lunch. Twice — once on Aug. 27 and again on Aug. 30 — state wildlife officers came back and saw that corn was still on the ground. Even a single kernel of corn lying on a field within 10 days of a hunt can be considered bait. Hartley said that the officers never told him that they had returned to his land, and that if he had been told that he should clean up the corn in his field, "it would have taken less than 15 minutes to (plow) it up." Killing a fly with an anvil The morning of the dove hunt, state and federal officers waited in the woods for hours before they confronted Hartley. He explained again that the corn his son had dumped was more than a month old. Most of it had either been eaten or gone bad, so it shouldn't be considered bait. (Even if he had been intentionally baiting the field, he did a rotten job. Not one dove was killed by a dozen hunters.) According to Husser's brief, an officer explained that "although a large portion of the corn was gone, that even if there was not a single kernel found on the property that day, the field would be considered baited." G-men prepared to issue $250 citations to every hunter there. Being a stand-up guy, Hartley told them to cite him and not his friends because it was his farm. A few weeks later, Hartley was told that the total fine would run to $3,000, plus a standard $25 processing fee. He protested, and a Jan. 19 court date was set. Federal magistrate Judge Wallace Dixon found Hartley guilty of "hunting migratory game birds by the aid of baiting or on/over a baited area and aiding/abetting others to do the same." Prosecutors asked for the maximum $15,000 fine. Instead, without saying exactly what he thought about the "case," Dixon reduced the amount of the fine to $1,000, and refused the feds' request to suspend Hartley's hunting licenses — a win for the farmer. "The whole thing is, I asked them for help and invited them onto my land, then they went out of their way to railroad me," Hartley said. All of which begs another question: Who baited whom here? ssexton@wsjournal.com 727-7481
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#1. To: James Deffenbach (#0)
While I have some sympathy for the guy involved it's important to note that he and everyone else bitching about the feds VOTED FOR THEM and FINANCES them. If people are tired of being screwed around by these "federal poachers" they should quit supporting them.
Whoever would return government to the "will of the people" must first return the United States to the use of CONSTITUTIONAL COINAGE as a medium of exchange and through it return the Constitution as law in the United States.
His mistake--at least one of them--was to invite what he knew to be government agents on to his property. Never a wise move imo.
Liberty is not a means to a higher political end. It is itself the highest political end. Yes, that goes without saying !!!
Whoever would return government to the "will of the people" must first return the United States to the use of CONSTITUTIONAL COINAGE as a medium of exchange and through it return the Constitution as law in the United States.
"The whole thing is, I asked them for help and invited them onto my land, then they went out of their way to railroad me," Hartley said. All of which begs another question: Who baited whom here?
#2. To: noone222 (#1)
Lord Acton
#3. To: James Deffenbach (#2)
His mistake--at least one of them--was to invite what he knew to be government agents on to his property. Never a wise move imo.
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