Land Rulings
POLLARD'S LESSEE V. HAGAN, 44 U. S. 212 (1845)
http://supreme.justia.com/us/44/212/case.html
FORT LEAVENWORTH R. CO. V. LOWE, 114 U. S. 525 (1885)
http://supreme.justia.com/us/114/525/case.html
WILSON V. COOK, 327 U. S. 474 (1946)
http://supreme.justia.com/us/327/474/
7. The State has legislative jurisdiction over the federal forest reserve lands located within it which were public lands of the United States when Arkansas was admitted to statehood. P. 327 U. S. 487.
(a) Upon admission of Arkansas to statehood upon an equal footing with the original States, the legislative authority of the State extended over the federally owned lands within the State, to the same extent as over similar property held by private owners, except that the State could enact no law which would conflict with the powers reserved to the United States by the Constitution. P. 327 U. S. 487.
Page 327 U. S. 476
(b) Such authority did not pass to the United States by virtue of the provision of Article I, § 8, cl. 17 of the Constitution, which authorizes it "to exercise exclusive Legislation . . over all Places purchased by the Consent of the Legislature of the State in which the
Same shall be." P. 327 U. S. 488.
(c) Since the United States did not purchase the lands with the consent of the State, it did not acquire exclusive jurisdiction under the constitutional provision, and there has been no cession of jurisdiction by the State. P. 327 U. S. 488.
(d) Although Arkansas has conferred on Congress power to pass laws for the administration and control of lands acquired by the United States in Arkansas, it has not ceded exclusive legislative jurisdiction either over lands reserved by the United States from the public domain or over lands acquired in the State. P. 327 U. S. 488
UTAH DIV. OF STATE LANDS V. UNITED STATES, 482 U. S. 193 (1987)
http://supreme.justia.com/us/482/193/
HAWAII ET AL. v. OFFICE OF HAWAIIAN AFFAIRS ET AL.
http://www.supremecourt.gov/opinions/08pdf/07-1372.pdf
UNITED STATES V. SIOUX NATION OF INDIANS, 448 U. S. 371 (1980)
http://supreme.justia.com/us/448/371/
Why Art. 1, 8, 17 was created:
http://press-pubs.uchicago.edu/founders/documents/a1_8_17s2.html
On the residue, to wit, "to exercise like authority over
all places purchased for forts &c.
Mr Gerry contended that this power might be made use
of to enslave any particular State by buying up its territory,
and that the strongholds proposed would be a means of
awing the State into an undue obedience to the Genl. Government--
Mr. King thought himself the provision unnecessary, the
power being already involved: but would move to insert
after the word "purchased" the words "by the consent of
the Legislature of the State" This would certainly make
the power safe.
Wednesday, November 14, 2012
Wednesday, November 7, 2012
My Mistake
You have no reason to be sorry for me.
There are a lot of things I could have done differently. I will only describe one.
When I re-budgeted my available funds, based on what was donated, which was more than I expected anyway, I and chose to get some billboards, and a media piece for the SL Tribune - I left enough time and money for a 4th flyer.
I spent about $1500 I hadn't planned on to send out some additional Mitt Romney pieces, (trying to respond to poll info I didn't request), but I was able to get SLCO. GOP to fund or reimburse the campaign for that detour.
That still left me enough for my 4th postcard.
When the 5th flyer was proposed to me, I felt it was the wrong thing to do. It smacked of the negative political consultants and their ilk, the dregs of politics, more dangerous than the most feared and powerful lobbyist. I have seen too many races ruined in years gone past, and this year in Salt Lake and Utah Counties, listening to that "dark side". They will create a problem just to get money for work to solve it. I was lobbied from all sides to run what I believed was a negative piece. I wouldn't budge. That wasn't a mistake. I feel good about that choice. Even if, as some believe, it cost me the race.
I don't blame anyone for promoting the idea.
To try to deal with this new idea, with the possible funding of a 5th postcard, I delayed working on my education piece.
When I had seen Rep. Fisher's, postcard of a child walking down the road, getting left behind on education, I knew I needed to counteract it. It included the multimillion dollar distortion a few groups have funded for many years about the "essential" problem of per pupil spending and the teacher pupil ratio. I was born and went to public schools in this valley. I know a great teacher with the right tools is more important than class size, fancy buildings, or stuff. But the photo of the child walking down the road alone being left behind would sway too many parents and grandparents. It was a game changer.
My mistake wasn't agreeing to send out the modified positive slick postcard with shading and stars My supporters loved it. They told people about it. I do not, however, believe it was the game changer I needed. That was why no one else wanted to fund it.
My mistake was to use the 7000 household campaign money and mailing list for for this slick piece on leadership with stars and Gov. Herbert - and what I had left in the budget for the 2200 household campaign money and mailing list for my education piece. I should have swapped lists and money, but didn't know how. I felt trapped.
I didn't have any personal funds or credit to use. I couldn't fully fund both, and didn't have the campaign funds remaining. I had used them. When I realized I would not get funding for the 5th postcard if it wasn't negative, but it had now been re-designed to be positive and was ready to go, I felt like I had to pay for it.
I did.
I was left with no time to get more funds. I shortened my education piece mailing list to 2200 active most likely to vote for me but hadn't yet. The pretty stars and Herbert piece went to all the active voters that hadn't voted, including those that had seen the left behind child. I knew at the time that was a mistake, but couldn't figure out what other choice I had. I would not choose the dark side.
My game changing education piece, while not as fancy, clear, or well designed, would not get seen by those that needed to see it. Rep. Fisher would remain in their mind as the one to save the children and I would be seen as someone supporting Mitt and being supported by the republican governor.
There are a lot of things I could have done differently. I will only describe one.
When I re-budgeted my available funds, based on what was donated, which was more than I expected anyway, I and chose to get some billboards, and a media piece for the SL Tribune - I left enough time and money for a 4th flyer.
I spent about $1500 I hadn't planned on to send out some additional Mitt Romney pieces, (trying to respond to poll info I didn't request), but I was able to get SLCO. GOP to fund or reimburse the campaign for that detour.
That still left me enough for my 4th postcard.
When the 5th flyer was proposed to me, I felt it was the wrong thing to do. It smacked of the negative political consultants and their ilk, the dregs of politics, more dangerous than the most feared and powerful lobbyist. I have seen too many races ruined in years gone past, and this year in Salt Lake and Utah Counties, listening to that "dark side". They will create a problem just to get money for work to solve it. I was lobbied from all sides to run what I believed was a negative piece. I wouldn't budge. That wasn't a mistake. I feel good about that choice. Even if, as some believe, it cost me the race.
I don't blame anyone for promoting the idea.
To try to deal with this new idea, with the possible funding of a 5th postcard, I delayed working on my education piece.
When I had seen Rep. Fisher's, postcard of a child walking down the road, getting left behind on education, I knew I needed to counteract it. It included the multimillion dollar distortion a few groups have funded for many years about the "essential" problem of per pupil spending and the teacher pupil ratio. I was born and went to public schools in this valley. I know a great teacher with the right tools is more important than class size, fancy buildings, or stuff. But the photo of the child walking down the road alone being left behind would sway too many parents and grandparents. It was a game changer.
My mistake wasn't agreeing to send out the modified positive slick postcard with shading and stars My supporters loved it. They told people about it. I do not, however, believe it was the game changer I needed. That was why no one else wanted to fund it.
My mistake was to use the 7000 household campaign money and mailing list for for this slick piece on leadership with stars and Gov. Herbert - and what I had left in the budget for the 2200 household campaign money and mailing list for my education piece. I should have swapped lists and money, but didn't know how. I felt trapped.
I didn't have any personal funds or credit to use. I couldn't fully fund both, and didn't have the campaign funds remaining. I had used them. When I realized I would not get funding for the 5th postcard if it wasn't negative, but it had now been re-designed to be positive and was ready to go, I felt like I had to pay for it.
I did.
I was left with no time to get more funds. I shortened my education piece mailing list to 2200 active most likely to vote for me but hadn't yet. The pretty stars and Herbert piece went to all the active voters that hadn't voted, including those that had seen the left behind child. I knew at the time that was a mistake, but couldn't figure out what other choice I had. I would not choose the dark side.
My game changing education piece, while not as fancy, clear, or well designed, would not get seen by those that needed to see it. Rep. Fisher would remain in their mind as the one to save the children and I would be seen as someone supporting Mitt and being supported by the republican governor.
I
only ended up needing to help change the mind of about 250 voters of about
9400. That would change the overall difference by 500. I would then win.
I don't know what I will do in the future. I do know if I run again, I won't choose the dark side, and I won't be detoured at the last minute.
I don't know what I will do in the future. I do know if I run again, I won't choose the dark side, and I won't be detoured at the last minute.
I want to thank everyone for all the many hours, help support and ideas. I may not be as "knowledgeable" in politics as some, but I have lived here in this area for almost 25 years and the Salt Lake Valley my whole life. I can choose the good side.
I congratulate Rep. Fisher for sticking to our agreement to stay positive and for apparently and most likely winning. If the number of votes not counted yet but will be released on the 20th ends up being enough to make up the difference, I will gladly serve. That would take a miracle at this point.
Fred C. Cox
Representing House District 32 until the end of the year.
Monday, November 5, 2012
The 4th District Utah Congressional Map and Fox 13
I am very disappointed in the lack of accuracy of
the story. Also very disappointed that Fox 13 held on to the information
for weeks to release it the night before the election.
http://fox13now.com/2012/11/05/both-parties-throw-money-into-4th-district-race/
"Cox spent nearly a year drawing maps. Cox’s map kept urban areas like Salt Lake County’s whole, but the Utah Legislature axed it."
The map of mine that was one of the top 6 maps voted on by the committee was called a hat and 3 stripes, it tried to keep the counties and cities together. There is no way to have a Salt Lake County and at least one other county whole. My map divided it [Salt Lake County] in 4. The map can be found at:
http://www.redistrictutah.com/maps/u-s-congressional-6-finalists/congress-rep-cox-%E2%80%9Cplan-e%E2%80%9D-hat-and-3-stripes
The map that passed [and became law] divided SLCo in only 3 and managed to keep almost all of Salt Lake City in one piece, something my map didn't do. I had the city divided [at]about I-15.
The [Grama] documents are available if the remaining cost is paid. Fox 13 can't claim otherwise when the record they show says that their request for the documents without paying for the cost was denied. It doesn't say the documents can't or won't be released.
The legislature didn't redistrict Rep. Matheson out of the 2nd district. He lives in the current 2nd and new 2nd district. The new 2nd district and 4th district are reportedly both as republican as his current district. He said so himself last October. He chose to run in the 4th district because he resides in Utah and the US constitution doesn't say he has to run in his own district. Unless he moves, he won't be able to vote for himself this fall.
http://fox13now.com/2012/11/05/both-parties-throw-money-into-4th-district-race/
"Cox spent nearly a year drawing maps. Cox’s map kept urban areas like Salt Lake County’s whole, but the Utah Legislature axed it."
The map of mine that was one of the top 6 maps voted on by the committee was called a hat and 3 stripes, it tried to keep the counties and cities together. There is no way to have a Salt Lake County and at least one other county whole. My map divided it [Salt Lake County] in 4. The map can be found at:
http://www.redistrictutah.com/maps/u-s-congressional-6-finalists/congress-rep-cox-%E2%80%9Cplan-e%E2%80%9D-hat-and-3-stripes
The map that passed [and became law] divided SLCo in only 3 and managed to keep almost all of Salt Lake City in one piece, something my map didn't do. I had the city divided [at]about I-15.
The [Grama] documents are available if the remaining cost is paid. Fox 13 can't claim otherwise when the record they show says that their request for the documents without paying for the cost was denied. It doesn't say the documents can't or won't be released.
The legislature didn't redistrict Rep. Matheson out of the 2nd district. He lives in the current 2nd and new 2nd district. The new 2nd district and 4th district are reportedly both as republican as his current district. He said so himself last October. He chose to run in the 4th district because he resides in Utah and the US constitution doesn't say he has to run in his own district. Unless he moves, he won't be able to vote for himself this fall.
2012 Utah Voter Information Pamphlet
For those that didn't turn in the postcard and can't seem to find it online:
http://elections.utah.gov/Media/Default/VIP/2012%20Voter%20Information%20Pamphlet.pdf
A lot of information is found at:
http://vote.utah.gov/
and in Salt Lake County:
http://clerk.slco.org/
http://elections.utah.gov/Media/Default/VIP/2012%20Voter%20Information%20Pamphlet.pdf
A lot of information is found at:
http://vote.utah.gov/
and in Salt Lake County:
http://clerk.slco.org/
Saturday, October 27, 2012
A public response to Bob Bernick
Bob Bernick,
re:
http://www.utahpolicy.com/view/full_story/20596960/article-Which-Legislative-Republicans-are-in-Danger-of-Losing-?
"Last week the House GOP caucus – which is usually open – closed its doors so members could discuss which among their colleagues are worried about losing Nov. 6.
Sources tell UtahPolicy that while several seats were discussed, two at the top of the “worried” list are Reps. Johnny Anderson, R-Taylorsville/West Valley City, and Fred Cox, R-West Valley."
My race wasn't discussed this time during the House GOP caucus. I didn't bring it up and I don't remember anyone else doing so either.
After the caucus, there were several members or candidates that were asked to meet with two individuals that recommend campaign funding from the house republican PAC, including me. At this point, I do not expect any additional campaign funds coming from the PAC due to that meeting. The PAC had been generous already.
The District I am in, and the newly drawn House District 30 have been a swing district for many years. Take a look at the 2004 races for House District 32 and 29. About 80% of the new house district 30 is the current House District 32.
https://secure.slco.org/clerk/elections/results/results_arch/2004general.html#20
https://secure.slco.org/clerk/elections/results/results_arch/2004general.html#17
As someone that was not expected by some to win against Sherri Winder twenty months ago, I did, even if it was by one vote in the 2nd round. I had been optimistic of my chances anyway, and I am today. I beat a Winder in West Valley City. A very nice lady and the Mayor's mom.
Sherri had name recognition and respect, but many of the delegates picked me because they believed I would do a good job and I could win in 2012.
It was rumored at the time that a Rushton or other well known name would run in 2012 for the democrats and that Sherri Winder was the only one of the 4 candidates that could win the 2012 general election.
As it has turned out, I ended up with the part time job and Sherri Winder landed the full time job working for Rep. Jason Chaffetz office. She loved working there. I was shocked and sad when she died in an accident a little over a year ago.
This year, the last ballots will not be counted and released until about November 20th. While I hope to be enough ahead when the votes that are counted on November 6th are announced, I am willing to wait, just like the County Mayor's race did for the primary election.
During redistricting, I could have pushed for the recommendation that the new District 32 not have another incumbent but would include part of Kearns and West Jordan. I said at the time that I would rather have a district that made sense and run against another incumbent.
When I found out where Rep. Fisher lived and the proposed boundaries, I did push to move about 2000 people [shift the boundary lines] in the district so Rep. Fisher would not have to look across the street and out of the new district. I lost that suggestion.
I have worked with some amazing people and unexpected resources and I am optimistic for November 6th and November 20th. It only takes one vote and everyone counts.
Fred C. Cox
Member of the Utah House of Representatives District 32 and running to represent the newly drawn State House District 30
http://www.fredcox4utah.com/
My blog is at:
http://www.fredcox4utah.blogspot.com/
re:
http://www.utahpolicy.com/view/full_story/20596960/article-Which-Legislative-Republicans-are-in-Danger-of-Losing-?
"Last week the House GOP caucus – which is usually open – closed its doors so members could discuss which among their colleagues are worried about losing Nov. 6.
Sources tell UtahPolicy that while several seats were discussed, two at the top of the “worried” list are Reps. Johnny Anderson, R-Taylorsville/West Valley City, and Fred Cox, R-West Valley."
My race wasn't discussed this time during the House GOP caucus. I didn't bring it up and I don't remember anyone else doing so either.
After the caucus, there were several members or candidates that were asked to meet with two individuals that recommend campaign funding from the house republican PAC, including me. At this point, I do not expect any additional campaign funds coming from the PAC due to that meeting. The PAC had been generous already.
The District I am in, and the newly drawn House District 30 have been a swing district for many years. Take a look at the 2004 races for House District 32 and 29. About 80% of the new house district 30 is the current House District 32.
https://secure.slco.org/clerk/elections/results/results_arch/2004general.html#20
https://secure.slco.org/clerk/elections/results/results_arch/2004general.html#17
As someone that was not expected by some to win against Sherri Winder twenty months ago, I did, even if it was by one vote in the 2nd round. I had been optimistic of my chances anyway, and I am today. I beat a Winder in West Valley City. A very nice lady and the Mayor's mom.
Sherri had name recognition and respect, but many of the delegates picked me because they believed I would do a good job and I could win in 2012.
It was rumored at the time that a Rushton or other well known name would run in 2012 for the democrats and that Sherri Winder was the only one of the 4 candidates that could win the 2012 general election.
As it has turned out, I ended up with the part time job and Sherri Winder landed the full time job working for Rep. Jason Chaffetz office. She loved working there. I was shocked and sad when she died in an accident a little over a year ago.
This year, the last ballots will not be counted and released until about November 20th. While I hope to be enough ahead when the votes that are counted on November 6th are announced, I am willing to wait, just like the County Mayor's race did for the primary election.
During redistricting, I could have pushed for the recommendation that the new District 32 not have another incumbent but would include part of Kearns and West Jordan. I said at the time that I would rather have a district that made sense and run against another incumbent.
When I found out where Rep. Fisher lived and the proposed boundaries, I did push to move about 2000 people [shift the boundary lines] in the district so Rep. Fisher would not have to look across the street and out of the new district. I lost that suggestion.
I have worked with some amazing people and unexpected resources and I am optimistic for November 6th and November 20th. It only takes one vote and everyone counts.
Fred C. Cox
Member of the Utah House of Representatives District 32 and running to represent the newly drawn State House District 30
http://www.fredcox4utah.com/
My blog is at:
http://www.fredcox4utah.blogspot.com/
Thursday, October 25, 2012
Utah’s Greatest Resources are its People
Utah’s Greatest Resources are its People
An educated workforce is critical for a prosperous economy
Utah’s teachers are heroes and should be respected for key work they do to help families.
According to the Utah State Office of Education, Utah has the nation’s lowest administrative costs and our schools are rated by the U. S. Chamber of Commerce as providing its citizens a better return on investment than any other state.
I support Governor Herbert’s goals for Education
Sixty-six percent of adult Utahns will have a postsecondary degree or professional certification by 2020.
Ensure our school children achieve reading proficiency by the end of 3rd Grade.
Increase the number of High School students completing post-secondary courses.
Align educational training to meet the workforce demands of the marketplace.
It is crucial that Utah Public Education continue to do amazingly well with the resources we have with great teachers, innovation, and technology.
As a member of the State House last year and this year, I have been standing up to protect and promote Public Education.
I have worked to find and create other funding sources to help support Public Education and have fought to provide funding for student growth, K-3 Reading, and technology.
I am honored to be supported by Utah’s Education First.
Education First is a citizens group 40,000 members strong. Education First supports public officials and candidates for office in Utah who support our state’s economic future by putting education first.
An educated workforce is critical for a prosperous economy
Utah’s teachers are heroes and should be respected for key work they do to help families.
According to the Utah State Office of Education, Utah has the nation’s lowest administrative costs and our schools are rated by the U. S. Chamber of Commerce as providing its citizens a better return on investment than any other state.
I support Governor Herbert’s goals for Education
Sixty-six percent of adult Utahns will have a postsecondary degree or professional certification by 2020.
Ensure our school children achieve reading proficiency by the end of 3rd Grade.
Increase the number of High School students completing post-secondary courses.
Align educational training to meet the workforce demands of the marketplace.
It is crucial that Utah Public Education continue to do amazingly well with the resources we have with great teachers, innovation, and technology.
As a member of the State House last year and this year, I have been standing up to protect and promote Public Education.
I have worked to find and create other funding sources to help support Public Education and have fought to provide funding for student growth, K-3 Reading, and technology.
I am honored to be supported by Utah’s Education First.
Education First is a citizens group 40,000 members strong. Education First supports public officials and candidates for office in Utah who support our state’s economic future by putting education first.
Friday, October 19, 2012
Meet the Candidates Night sponsored by Region 5 PTA of the Granite School District
Even if you missed all of the dozen town hall meetings I have had this year, come to this event on Thursday, October 25, 2012 from 6:30pm to 9:00pm.
Attend the Meet the Candidates Night sponsored by Region 5 PTA of the Granite School District as well as the Council and Local PTAs in our region.
Hunter High School 4200 South 5600 West, West Valley City, UT
Proposed Agenda:
6:30 p.m. – Open House Forum opens to the public; a few areas with chairs will be set up, and light dessert/refreshment table will be provided to the public; sample ballots and maps of voting districts will be displayed for public to see
By 7:00 p.m. – Program - Candidate introductions and statements in auditorium: • Flag presentation • Opening comments by PTA Committee • Candidates give 1 - 2 minute intro/statement
By 7:45 p.m. – Resume open house format;
clean up and be out of building by 9 p.m.
Attend the Meet the Candidates Night sponsored by Region 5 PTA of the Granite School District as well as the Council and Local PTAs in our region.
Hunter High School 4200 South 5600 West, West Valley City, UT
Proposed Agenda:
6:30 p.m. – Open House Forum opens to the public; a few areas with chairs will be set up, and light dessert/refreshment table will be provided to the public; sample ballots and maps of voting districts will be displayed for public to see
By 7:00 p.m. – Program - Candidate introductions and statements in auditorium: • Flag presentation • Opening comments by PTA Committee • Candidates give 1 - 2 minute intro/statement
By 7:45 p.m. – Resume open house format;
clean up and be out of building by 9 p.m.
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