The Journal of the PARAGON Foundation, Inc. State Sovereignty, More Important Than Ever Vaquero Memories: The Last Interview with Arnold Rojas Julie Chase Baldocchi: A Western Album The Living Words of the Constitution Part 6 www.paragonfoundation.org $5.95 US SPRING 2009 Dorrance family spurs. Photography by Julie Chase Baldocchi O U R M I S S I O N The PARAGONFoundation provides for education, research and the exchange of ideas in an effort to promote and support Constitutional principles, individual freedoms,private property rights and the continuation of rural customs and culture – all with the intent of celebrating and continuing our Founding Fathers vision for America. The PARAGON Foundation, Inc. • To Educate and Empower • We invite you to join us. www.paragonfoundation.org SPRING2009 VOLUME5 NO. 1 William C. Reynolds EDITOR Nicole Krebs ASSOCIATEEDITOR Robin Ireland ARTDIRECTOR Javier Munoz PRODUCTIONCOORDINATOR Julie Chase Baldocchi FEATUREDPHOTOGRAPHER Darrell Arnold Mark Bedor Robert Dawson Guy de Galard Jay Dusard Marilyn Fisher Dan Gagliasso Heather Hafleigh W. Dibblee Hoyt Jim Keen Thea Marx James P. Owen Dusti Scovel CONTRIBUTORS THEPARAGON FOUNDATION Bob Jones PRESIDENT GB Oliver EXECUTIVEVICEPRESIDENT& PUBLISHER Don “Bebo” Lee VICEPRESIDENT 2 Stella Montoya SECRETARY/ TREASURER Alice Eppers Bobby Jones Daniel Martinez DIRECTORS For sponsorship inquiries, contact Nicole Krebs – hi docc 575.434.8998 at the PARAGON Foundation, Inc. office, al 1209 Michigan Ave., Alamogordo, NM 88310. To join or B ase renew your membership or sponsorship, call toll free h C 877.847.3443. Living Cowboy Ethicsis published quarterly ulie by the PARAGON Foundation, Inc. Memberships are hoto by J $n5o0n.-0p0ro pfietr 5y0e1a(rc. )T3.h eP oPstAmRaAsteGr:OSNen Fdo audnddraetsiso nc,h aInncg.e si st oa p Colleen Watt the PARAGON Foundation, Inc. 1209 Michigan Avenue, Alamogordo, NM 88310 WWW.PARAGONFOUNDATION.ORG Copyright © 2009 All Rights Reserved hi docc al B ase h C ulie by J hoto p Lawerence Berta I N T H I S I S S U E 8 55 90 Of Note Julie Chase Baldocchi Stolen Cattle / Current Events and Culture A Western Album Bleeding Borders from Out West The Story of the McNelly 66 Rangers Raid 24 The Living Words By Dan Gagliasso Showdown in the New West of the Constitution 96 The Search for Energy Sparks By Nicole Krebs a New Range War I’ve Always Ridden By Marilyn Fisher 68 My Own Broncs The Wagon Ranch The Life of Jack Swanson, 30 A Family Ranch Survives Cowboy Artist R-CALF USA By William Reynolds 74 Special Section 97 Recommended Reading 37 Early Days, Timeless Ways Old and new books worthy On Home Ground of your nightstand Book Excerpt The Battle for Pinon Canyon By Jack Swanson 3 By Darrell Arnold Battle Over Bighorn 101 Trouble in Idaho Sheep Country 40 Range Writing By Mark Bedor Farming For Life Cowboy Poetry from Preparing for Difficult Times 80 All Over the West By Lynn Miller Heading West 102 Guest Ranches to Visit 48 PARAGON Memorials Endorsed by the Dude Ranchers’ The LCE Interview Association 104 Arnold Rojas, The Last Vaquero 85 Out There 52 Don Butler Your Rights A Visit with a Master Saddler States Sovereignty By Guy De Galard Cover:Ben Thompson Photo by Julie Chase Baldocchi SPRING 2009 4 docchi al B ase h C ulie by J hoto p Bill Dorrance, Ray Hunt and Tom Dorrance WWW.PARAGONFOUNDATION.ORG F R O M T H E E X E C U T I V E V I C E P R E S I D E N T GB OLIVER Government “Rope-a-Dope” There is a quote that says, “It’s not the things we don’t v. Central Pac. Ry. Co., 255 U.S. 228, where the Court know in this life that will do us in, but rather the things stated: “It is well settled that all land to which any claims or that we do know, that just ain’t so.” On a daily basis, rights of others have attached does not fall within the Americans feel the pressures of Government’s involvement designation of public lands.” in our lives. The assumption is always that Government has So, are there other claims or rights attached to these the authority to do so. We assume those things because we lands? Certainly there is water and water rights, and the have lost touch with the Constitution and how limited the Supreme Court in New Mexico v. United Statesmade it powers of Government really are, and the power that abundantly clear that the United States can not own or document gives each of us. control any water rights within the boundaries of any state. A good example can be found in an article in this issue So, obviously, these lands do not meet the definition of written by Mark Bedor, entitled “Battle over Bighorn in public lands. Idaho Sheep Country.” The article focuses on Idaho Federal agencies’ successes in these conflicts lie in the ranchers embroiled in an argument with Federal agencies fact that citizens rarely ask the proper questions. We over the science – produced by the government – saying assume that the Federal Government reins supreme, and, domestic sheep and bighorn sheep can’t coexist in Idaho’s in doing so, stumble into Federal courts, arguing whether Payette National Forest. To quote the article, “The battle some burrowing mite found in domesticated animals will playing out on that huge piece of ground may determine affect Bighorn sheep. The real question should be, “Do whether domestic sheep have any future at all on the public Federal courts or Federal agencies have any authority or lands of the West.” jurisdiction over a private citizen of the State of Idaho or If these Federal agencies can draw these property their property.” Article 1 of the United States Constitution owners into Federal Court, arguing the agencies’ science, grants limited enumerated powers, and burrowing mites the property owner has less than a 4% chance of being and Bighorn sheep wasn’t one of them. The Constitution successful, regardless of how flawed the government is very clear about what lands could be owned or controlled science is. The question that begs to be asked, but rarely is, by the United States within the boundaries of each state, is, “Where do any of the agencies have the authority or and National Parks and Forest systems lands were not jurisdiction to implement any of these programs in the first among them. Nor did the Constitution give the Federal place?” The Federal Government calls them public lands, so Government any law enforcement within the boundaries we call them public lands. We do so without ever looking of any State, save and except those lands that have been up the legal definition of the term. The Constitution and ceded to the Federal Government by the State. the Supreme Court have been very clear on the subject, And, for those who believe that the Federal Federal agencies do have absolute jurisdiction over public Government derives its assumed powers from the 5 lands, but these are not public lands. Supremacy Clause in Article VI of the Constitution, read I refer you to the 108 Congress 2ND Session the last sentence closely. Nicole Krebs covers this topic in document 108-17, THE CONSTITUTION of the her article on the Constitution in this issue. UNITED STATES OF AMERICA ANALYSIS AND The Federal Government has adopted the same INTERPRETATION.Under Article 1, Section 8, Clause strategy used by heavyweight boxing champion Mohamed 17, AUTHORITY OVER PLACES PURCHASED, Ali when he called his technique the “rope-a-dope,” where “places”… does not cover lands acquired for forests, parks, he said he would just back up against the rope and let the ranges, wild life sanctuaries or flood control. Collins v. dope come on in. Federal agencies must entice us into the Yosemite Park Co., 304 U.S. 518, 530 (1938), James v. same strategy, by luring us into a Federal court, arguing Dravo Contracting Co., 302 U.S. 134, 143 (1937) some absurd issue, when the real question should be, And surely we would give some credence to standing “Where do they even have the authority to be in our ring?” Supreme Court cases such as Bardon v. NorthernPacific Ry. Co. 12 S Ct 856, 145 US 535, 538, 36 L Ed 806, Newhall v. Sanger, 92 U.S. 761, 763, 23 L.Ed. 769, Payne SPRING 2009 hi 6 aldocc B ase h C ulie by J hoto p Kate, Luke and Jim Neubert WWW.PARAGONFOUNDATION.ORG F R O M T H E E D I T O R WILLIAM C. REYNOLDS Ranch Kids On the cover of this issue is a picture of Ben Thompson. realizing that the people we met had the responsibility of Ben and his sister, Hannah (see inset photo), are ranch kids. their lives and livelihoods in their own hands. They were They are, in their own way, representing ranch kids all over their own stimulus package, choosing to be upbeat and the country. They are the future, not only of the West, but encouraging. It was a message we heard over and over. It also of this country. Too many was a wonderful time and I times magazines that deal with heartily recommend if you the West feature old bronc haven’t visited a guest ranch stompers or rodeo stars on in a while, please see the story their covers. Some even show in this issue about two celebrities. When we asked member ranches of the DRA. our featured photographer for The DRA website holds all this issue, Julie Chase the information. Baldocchi, to come up with a After we left Tucson, GB fresh cover idea, she knew went on to Rapid City to exactly what we needed – a speak at the R-CALF USA positive look into the future – convention. I hope you look hi and she delivered. That docc through the R-CALF section picture of Ben says it all. It is Bal in this issue as there are some important for us to take time ase very important issues addres- h C and remember, we are only as ulie sed about the maintaining of good as our next generation by J a safe and secure food source and both Ben on the cover and hoto in this country. You support he and his sister here on this p of R-CALF’s efforts will Ben and Hannah Thompson page, have the look of hope greatly enhance their efforts and enthusiasm in their eyes. on all our behalf’s. Today, we need that more than anything. We have many great stories and features in this issue. Speaking of optimism and hope, this past winter, One, which will be of great interest to many, is the last PARAGON’s own GB Oliver and I had the pleasure to known interview with the great vaquero author, Arnold travel to Tucson to speak with the members of the Dude Rojas. Along with Rojas, we have a look at some of the new Ranchers’ Association at their annual get together. If there book-in-progress by artist and horseman, Jack Swanson. ever was a group of westerners – both born and by choice Most of our usual contributors are here again along with a – who ever embodied the spirit of entrepeneurism, these writer who needs very little introduction, Darrell Arnold – 7 folks fill the bill. Imagine working dawn to dark and then founding editor and publisher of Cowboy magazine. We opening your home up to complete strangers, feed them hope you enjoy all the stories and features in this issue of and then give them a never-to-be-forgotten experience by Living Cowboy Ethics along with the stunning letting them see and enjoy yourlife. That, put very simply, photography of Julie Chase Baldocchi. Oh, one other is what a guest ranch does. It illustrates for its guests the thing, you probably noticed the bar code on the cover. We wonders of the West – from horseback adventures to are proud and pleased that this issue marks our first that’s simple, quiet moments appreciating the glorious going out into the world to newsstands at selected Barnes geography. Dude ranches have changed lives and & Noble, Borders and other fine bookstores along with a perspectives, made lifelong friends and helped maintain a number of western stores in the West. Thank you for being tradition that is part of a root-based culture in this country. so enthusiastic about our magazine and the work of the Even during these “challenging” times, everyone I spoke to PARAGON Foundation. Makes me enthusiastic, like a at the gathering was upbeat and believed that people still ranch kid. need their spirits refreshed and that time with family in a grand environment is a necessary rejuvenation. Enjoy your spring! When we left, both GB and I came away rejuvenated; SPRING 2009 We continue to wander around the country looking for creative solutions that are “Made Here.” It could simply be a great idea from a great person, some intelligent thinking, some great music or writing or some “thing” that is just too cool to pass up. Here are some we found during our latest foray. Moving Camp weather-tight gearbox that locks to keep your weekend camping 8 essentials secure and ready for whenever you want to go. Outdoor activity, with extended intent, usually requires One gets the feeling, chatting with the GO team, that they some kind of shelter. From tents to travel trailers to RVs, first and foremost designed this thing for themselves and Americans love to get outdoors. A little company in Cedar then, oh yes!, for the public. Everyone involved with the Mountain, North Carolina called Sylvansport, founded way company takes advantage of where they are. The mountains back in 2004, has created a most unique travel and camping and rivers around Cedar Mountain are inspiring and trailer. Called simply “GO,” it was designed from the frame out beautiful, in the heart of camp country. There’s an ethical to be a one-of-a-kind mobile adventure trailer that has the same element to their approach to the area, their business and the visual and conceptual appeal of a Swiss Army knife. It’s folks who come to visit. It involves self-reliance and helping lightweight and easy to haul while manages with ease in the others in times of need. “People stop by our offices all the parking lot, garage or on the road. Weighing in at just 800 lbs, time to ask for directions to a nearby trail, vista, bike route or the GO can be pulled by even the smallest vehicles. fishing spot,” says Sylvansport founder Tom Dempsey, “and Beyond its very cool surface, you’ll find that its design we’re happy to help (or join in)! Our spectacular elements are fully functional as well, with ease of use the intent. environment and our sense of place in both our local and The tent part of the outfit sets up in minutes and stows cleanly world communities inspire us to develop ways to make our into the roof’s storage box. The GO also comes equipped with a products and our operations responsible and efficient. This WWW.PARAGONFOUNDATION.ORG
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