Friday, 08 November 2024

News

Sept. 17, 2007 marks the 220th anniversary of the signing of the U.S. Constitution by the Constitution Convention delegates on September 17, 1787.


In honor of that special occasion in US history, Lake County News offers the following transcription of the U.S. Constitution in its original form, completed by the U.S. National Archives and Records Administration.


Items that are underlined have been amended or superseded.

 

THE CONSTITUTION OF THE UNITED STATES


PREAMBLE


We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.


Article. I.


Section. 1.


All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.


Section. 2.


The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.


No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.


Representatives and direct Taxes shall be apportioned among the several States which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three.


When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies.


The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.


Section. 3.


The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six Years; and each Senator shall have one Vote.


Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.


No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.


The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless they be equally divided.


The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.


The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.


Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.


Section. 4.


The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.


The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by Law appoint a different Day.


Section. 5.


Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.


Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.


Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.


Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.


Section. 6.


The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the Session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other Place.


No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.


Section. 7.


All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.


Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.


Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.


Section. 8.


The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;


To borrow Money on the credit of the United States;


To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;


To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;


To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;


To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;


To establish Post Offices and post Roads;


To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;


To constitute Tribunals inferior to the supreme Court;


To define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations;


To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;


To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;


To provide and maintain a Navy;


To make Rules for the Government and Regulation of the land and naval Forces;


To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;


To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;


To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;--And


To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.


Section. 9.


The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a Tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.


The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.


No Bill of Attainder or ex post facto Law shall be passed.


No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or enumeration herein before directed to be taken.


No Tax or Duty shall be laid on Articles exported from any State.


No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another; nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.


No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.


No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State.


Section. 10.


No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.


No State shall, without the Consent of the Congress, lay any Imposts or Duties on Imports or Exports, except what may be absolutely necessary for executing it's inspection Laws: and the net Produce of all Duties and Imposts, laid by any State on Imports or Exports, shall be for the Use of the Treasury of the United States; and all such Laws shall be subject to the Revision and Controul of the Congress.


No State shall, without the Consent of Congress, lay any Duty of Tonnage, keep Troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.


Article. II.


Section. 1.


The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:


Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.


The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.


The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.


No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.


In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.


The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.


Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."


Section. 2.


The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.


He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.


The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.


Section. 3.


He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.


Section. 4.


The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.


Article III.


Section. 1.


The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.


Section. 2.


The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.


In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.


The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.


Section. 3.


Treason against the United States, shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or on Confession in open Court.


The Congress shall have Power to declare the Punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.


Article. IV.


Section. 1.


Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.


Section. 2.


The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.


A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.


No Person held to Service or Labour in one State, under the Laws thereof, escaping into another, shall, in Consequence of any Law or Regulation therein, be discharged from such Service or Labour, but shall be delivered up on Claim of the Party to whom such Service or Labour may be due.


Section. 3.


New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.


The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.


Section. 4.


The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence.


Article. V.


The Congress, whenever two thirds of both Houses shall deem it necessary, shall propose Amendments to this Constitution, or, on the Application of the Legislatures of two thirds of the several States, shall call a Convention for proposing Amendments, which, in either Case, shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress; Provided that no Amendment which may be made prior to the Year One thousand eight hundred and eight shall in any Manner affect the first and fourth Clauses in the Ninth Section of the first Article; and that no State, without its Consent, shall be deprived of its equal Suffrage in the Senate.


Article. VI.


All Debts contracted and Engagements entered into, before the Adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.


This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.


The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.


Article. VII.


The Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.


The Word, "the," being interlined between the seventh and eighth Lines of the first Page, the Word "Thirty" being partly written on an Erazure in the fifteenth Line of the first Page, The Words "is tried" being interlined between the thirty second and thirty third Lines of the first Page and the Word "the" being interlined between the forty third and forty fourth Lines of the second Page.


Attest William Jackson Secretary


Done in Convention by the Unanimous Consent of the States present the Seventeenth Day of September in the Year of our Lord one thousand seven hundred and Eighty seven and of the Independence of the United States of America the Twelfth In witness whereof We have hereunto subscribed our Names,


G°. Washington

Presidt and deputy from Virginia


Delaware

Geo: Read

Gunning Bedford jun

John Dickinson

Richard Bassett

Jaco: Broom


Maryland

James McHenry

Dan of St Thos. Jenifer

Danl. Carroll


Virginia

John Blair

James Madison Jr.


North Carolina

Wm. Blount

Richd. Dobbs Spaight

Hu Williamson


South Carolina

J. Rutledge

Charles Cotesworth Pinckney

Charles Pinckney

Pierce Butler


Georgia

William Few

Abr Baldwin


New Hampshire

John Langdon

Nicholas Gilman


Massachusetts

Nathaniel Gorham

Rufus King


Connecticut

Wm. Saml. Johnson

Roger Sherman


New York

Alexander Hamilton


New Jersey

Wil: Livingston

David Brearley

Wm. Paterson

Jona: Dayton


Pennsylvania

B Franklin

Thomas Mifflin

Robt. Morris

Geo. Clymer

Thos. FitzSimons

Jared Ingersoll

James Wilson

Gouv Morris



Constitutional Amendments 1-10 make up what is known as The Bill of Rights. Amendments 11-27, which came after the original document was ratified, are listed below.


AMENDMENT XI


Passed by Congress March 4, 1794. Ratified February 7, 1795.


Note: Article III, section 2, of the Constitution was modified by amendment 11.


The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.


AMENDMENT XII


Passed by Congress December 9, 1803. Ratified June 15, 1804.


Note: A portion of Article II, section 1 of the Constitution was superseded by the 12th amendment.


The Electors shall meet in their respective states and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted; -- The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. [And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in case of the death or other constitutional disability of the President. ]* The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.


*Superseded by section 3 of the 20th amendment.


AMENDMENT XIII


Passed by Congress January 31, 1865. Ratified December 6, 1865.


Note: A portion of Article IV, section 2, of the Constitution was superseded by the 13th amendment.


Section 1.

Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.


Section 2.

Congress shall have power to enforce this article by appropriate legislation.


AMENDMENT XIV


Passed by Congress June 13, 1866. Ratified July 9, 1868.


Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment.


Section 1.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


Section 2.

Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice-President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age,* and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.


Section 3.

No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.


Section 4.

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.


Section 5.

The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.


*Changed by section 1 of the 26th amendment.


AMENDMENT XV


Passed by Congress February 26, 1869. Ratified February 3, 1870.


Section 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude--


Section 2.

The Congress shall have the power to enforce this article by appropriate legislation.


AMENDMENT XVI


Passed by Congress July 2, 1909. Ratified February 3, 1913.


Note: Article I, section 9, of the Constitution was modified by amendment 16.


The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration.


AMENDMENT XVII


Passed by Congress May 13, 1912. Ratified April 8, 1913.


Note: Article I, section 3, of the Constitution was modified by the 17th amendment.


The Senate of the United States shall be composed of two Senators from each State, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislatures.


When vacancies happen in the representation of any State in the Senate, the executive authority of such State shall issue writs of election to fill such vacancies: Provided, That the legislature of any State may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.


This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.


AMENDMENT XVIII


Passed by Congress December 18, 1917. Ratified January 16, 1919. Repealed by amendment 21.


Section 1.

After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.


Section 2.

The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.


Section 3.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.


AMENDMENT XIX


Passed by Congress June 4, 1919. Ratified August 18, 1920.


The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex.


Congress shall have power to enforce this article by appropriate legislation.


AMENDMENT XX


Passed by Congress March 2, 1932. Ratified January 23, 1933.


Note: Article I, section 4, of the Constitution was modified by section 2 of this amendment. In addition, a portion of the 12th amendment was superseded by section 3.


Section 1.

The terms of the President and the Vice President shall end at noon on the 20th day of January, and the terms of Senators and Representatives at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.


Section 2.

The Congress shall assemble at least once in every year, and such meeting shall begin at noon on the 3d day of January, unless they shall by law appoint a different day.


Section 3.

If, at the time fixed for the beginning of the term of the President, the President elect shall have died, the Vice President elect shall become President. If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.


Section 4.

The Congress may by law provide for the case of the death of any of the persons from whom the House of Representatives may choose a President whenever the right of choice shall have devolved upon them, and for the case of the death of any of the persons from whom the Senate may choose a Vice President whenever the right of choice shall have devolved upon them.


Section 5.

Sections 1 and 2 shall take effect on the 15th day of October following the ratification of this article.


Section 6.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission.


AMENDMENT XXI


Passed by Congress February 20, 1933. Ratified December 5, 1933.


Section 1.

The eighteenth article of amendment to the Constitution of the United States is hereby repealed.


Section 2.

The transportation or importation into any State, Territory, or Possession of the United States for delivery or use therein of intoxicating liquors, in violation of the laws thereof, is hereby prohibited.


Section 3.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by conventions in the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.


AMENDMENT XXII


Passed by Congress March 21, 1947. Ratified February 27, 1951.


Section 1.

No person shall be elected to the office of the President more than twice, and no person who has held the office of President, or acted as President, for more than two years of a term to which some other person was elected President shall be elected to the office of President more than once. But this Article shall not apply to any person holding the office of President when this Article was proposed by Congress, and shall not prevent any person who may be holding the office of President, or acting as President, during the term within which this Article becomes operative from holding the office of President or acting as President during the remainder of such term.


Section 2.

This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of three-fourths of the several States within seven years from the date of its submission to the States by the Congress.


AMENDMENT XXIII


Passed by Congress June 16, 1960. Ratified March 29, 1961.


Section 1.

The District constituting the seat of Government of the United States shall appoint in such manner as Congress may direct:


A number of electors of President and Vice President equal to the whole number of Senators and Representatives in Congress to which the District would be entitled if it were a State, but in no event more than the least populous State; they shall be in addition to those appointed by the States, but they shall be considered, for the purposes of the election of President and Vice President, to be electors appointed by a State; and they shall meet in the District and perform such duties as provided by the twelfth article of amendment.


Section 2.

The Congress shall have power to enforce this article by appropriate legislation.


AMENDMENT XXIV


Passed by Congress August 27, 1962. Ratified January 23, 1964.


Section 1.

The right of citizens of the United States to vote in any primary or other election for President or Vice President, for electors for President or Vice President, or for Senator or Representative in Congress, shall not be denied or abridged by the United States or any State by reason of failure to pay poll tax or other tax.


Section 2.

The Congress shall have power to enforce this article by appropriate legislation.


AMENDMENT XXV


Passed by Congress July 6, 1965. Ratified February 10, 1967.


Note: Article II, section 1, of the Constitution was affected by the 25th amendment.


Section 1.

In case of the removal of the President from office or of his death or resignation, the Vice President shall become President.


Section 2.

Whenever there is a vacancy in the office of the Vice President, the President shall nominate a Vice President who shall take office upon confirmation by a majority vote of both Houses of Congress.


Section 3.

Whenever the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Vice President as Acting President.


Section 4.

Whenever the Vice President and a majority of either the principal officers of the executive departments or of such other body as Congress may by law provide, transmit to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office, the Vice President shall immediately assume the powers and duties of the office as Acting President.


Thereafter, when the President transmits to the President pro tempore of the Senate and the Speaker of the House of Representatives his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Vice President and a majority of either the principal officers of the executive department or of such other body as Congress may by law provide, transmit within four days to the President pro tempore of the Senate and the Speaker of the House of Representatives their written declaration that the President is unable to discharge the powers and duties of his office. Thereupon Congress shall decide the issue, assembling within forty-eight hours for that purpose if not in session. If the Congress, within twenty-one days after receipt of the latter written declaration, or, if Congress is not in session, within twenty-one days after Congress is required to assemble, determines by two-thirds vote of both Houses that the President is unable to discharge the powers and duties of his office, the Vice President shall continue to discharge the same as Acting President; otherwise, the President shall resume the powers and duties of his office.


AMENDMENT XXVI


Passed by Congress March 23, 1971. Ratified July 1, 1971.


Note: Amendment 14, section 2, of the Constitution was modified by section 1 of the 26th amendment.


Section 1.

The right of citizens of the United States, who are eighteen years of age or older, to vote shall not be denied or abridged by the United States or by any State on account of age.


Section 2.

The Congress shall have power to enforce this article by appropriate legislation.


AMENDMENT XXVII


Originally proposed Sept. 25, 1789. Ratified May 7, 1992.


No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of representatives shall have intervened.


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CLEARLAKE – A man shot Thursday night remained in critical condition on Friday, officials reported.


Daniel Williamson, 25, of Clearlake was shot multiple times Thursday evening, according to a report from Clearlake Police Sgt. Brett Rhodes.


Rhodes said that Santa Rosa Memorial Hospital, where Williamson was life-flighted Thursday, reported Williamson's condition had not changed.


The shooting occurred near the Mormon Church on Bay Street, Rhodes said.


Williamson originally was driven to the Redbud Hospital emergency room by an individual, not emergency personnel; Rhodes said police are still investigating who drove him there.


Rhodes said they could not yet comment on the number of times Williamson was shot or the type of gun that was used. He said Williamson appeared to have suffered other, unspecified injuries as well.


While conducting interviews for the investigation, police contacted a man named John Smith who they took into custody on a parole hold, said Rhodes.


Williamson's home was targeted for a parole search on Aug. 28 according to police records. That was the same day as a multi-agency task force was conducting similar searches of parolees with gang contacts around the county.


However, Rhodes could not confirm if Williamson had actually been a target of the sweep or if the timing was a coincidence. He said police have not yet been able to determine if the shooting is gang-related.


Det. Martin Snyder is leading the investigation, said Rhodes.


“We have several leads that we're pursuing and persons of interest that we're looking at, but there's no definitive time as to when the investigation will be concluded,” Rhodes said.


Anyone with information on the case is asked to call Snyder or Officer Michael Ray at 994-8251.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..


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Image
Andre Stevens was convicted for first-degree murder Wednesday in the stabbing death of John McCoy. Lake County Jail photo.

 

 

LAKEPORT – As John McCoy lay dying from eight stab wounds in the early morning hours of May 4, he reportedly identified his attacker to Clearlake Police, who said they found the suspect at the scene, the bloody knife still in his hands.


After listening to testimony that included eyewitness accounts of the attack on McCoy, a jury on Wednesday morning found Andre Lafayette Stevens, 43, guilty of first-degree murder.


Deliberations weren't quick, however; Stevens' attorney, Jason Webster, said Tuesday that the jury went into deliberations on Thursday, but had Friday and Monday off before resuming Tuesday. At one point the jury asked for some testimony to be read back as it considered the case.


Attempts to reach Webster on Wednesday for comment on the guilty verdict were unsuccessful.


Deputy District Attorney John Langan reported that the jury handed down the first-degree murder verdict, with special allegations, at about 10 a.m. Tuesday.


Stevens had pleaded not guilty to the murder charge and the special allegation of using a knife in a June court appearance, despite having admitted during interviews with police that he stabbed McCoy, as Lake County News previously reported. Since his arrest he has remained in Lake County Jail on $1 million bail.


Langan said all of his testimony came from eyewitnesses, included the neighbors in the apartment complex who were calling police while McCoy was being stabbed.


Stevens' motive for the brutal crime appeared to be jealousy, according to Langan.


Two weeks before the stabbing, Stevens' girlfriend broke off their relationship and returned to the Midwest.


Not only did Stevens lose a relationship, Langan said he also lost a steady form of income. That's because his ex-girlfriend was an In-Home Supportive Services client, and he was her IHSS care provider.


Langan said the prosecution's theory was that Stevens stabbed 42-year-old John Rayford McCoy Jr. believing that McCoy and Stevens' ex-girlfriend had been in a romantic relationship.


The two men weren't unknown to each other, said Langan. McCoy, who police reported had only been in the Clearlake area about a month, had stayed at Stevens' home a few times before the murder, said Langan.


Early on May 4, the prosecution alleged that Stevens took a 12-inch military knife and stabbed McCoy eight times, twice in the heart, said Langan.


Witnesses testified that after stabbing McCoy, Stevens continued his assault, kicking McCoy as he died.


"It was just a brutal, brutal killing," said Langan.


Langan credited the neighbors at the apartment complex for their efforts to save McCoy by calling police to report the attack. Their testimony proved key to the trial, he added.


Police arrived within a minute of the 911 call being placed, said Langan. They were on scene so quickly, he said, that the neighbors were still on the phone with the 911 operator.


"The police got there with Mr. Stevens still holding the knife in his hands," said Langan.


McCoy, who was mortally wounded, died within minutes of Clearlake Police's arrival, said Langan. There was nothing officers could do because of the extent of his injuries.


Langan said Stevens waived time throughout the proceedings, which led to a very quick trial – it's been just over four months since McCoy's murder.


Stevens will return to court at 8:30 a.m. Oct. 5, when Judge Robert Crone – who is sitting in for Judge David Herrick – will pass sentence, said Langan.


The first-degree murder conviction carries a sentence of 25 years to life, said Langan.


Additional time will be added for three special allegations the jury found to be true, said Langan, including the fact that he used a knife in committing the murder of McCoy, which added another year to the sentence.


The second special allegation involved Stevens' conviction of a previous “strike” under California's Three Strikes Law for a 1990 robbery in Santa Clara County. That strike doubles Stevens' sentence to 50 years to life, said Langan.


Stevens also had previously been convicted of two counts of felony battery on a police officer in 1999, also in Santa Clara County, said Langan.


Although that conviction didn't count as a strike, it did provide another special allegation against Stevens. Langan said Stevens had been released from prison in August 2005 and, because he committed another crime within five years of the conclusion of a prison term, another year will be added to his sentence, Langan explained.


"What it means is Mr. Stevens will likely have to serve 52 years until he's eligible for parole," said Langan.


Based on the sentencing guidelines, Stevens would be 95 years old before he would become eligible for parole.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..


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LAKE COUNTY – A new trade association is forming to promote Lake County's many wineries.


The Lake County Wineries Association officially formed in July, said Matt Hughes of Zoom Winery in Kelseyville, who chairs the association's board.


Hughes said a core group – including Clay Shannon of Shannon Ridge Winery in Clearlake Oaks, Jed Steele of Steele Wines in Kelseyville and Gregory Graham of Lower Lake's Gregory Graham Wines – organized the effort.


Shannon and Graham now sit on the board with Hughes, serving as secretary and vice chair, respectively; and are joined by Sandy Tucker of Langtry Estate & Vineyards in Middletown and Nicole Johnson of Cougar's Leap in Kelseyville.


The association's goal will be to promote Lake County as a wine region and destination, said Hughes. They'll meet that goal through events such as the Lake County Wine Adventure, which will come under the association's umbrella.


“We wanted to do more of these things as a group to give ourselves a voice in the county,” said Hughes.


Lake County is home to 25 wineries, said Hughes, most of which have tasting rooms. Most of the local wineries, he added, are small, producing less than 5,000 cases of wine each year.


“We want to let people know Lake County is here as a wine region,” Hughes said.


This new association will join the Lake County Winegrape Commission in promoting the local wine industry.


The winegrape commission was formed in 1992, and is the oldest such commission in California, said Executive Director Shannon Gunier. Sonoma and Mendocino counties recently formed their own winegrape commissions, she added, with Mendocino forming their's because of Lake County's success.


Gunier said the winegrape commission has focused on branding Lake County as a winegrape-growing region. So far there are 94 wines that carry the Lake County name on their labels, and the county has five wine growing appellations -- Lake County, High Valley, Red Hills, Benmore Valley and Guenoc, with Big Valley and a possible Kelseyville Bench appellation in the future.


Lake County's winegrape acreage is at 8,800 “and holding,” with not much new planting going on right now, said Gunier. She estimates that the acreage will grow to between 10,000 and 12,000 acres over the next few years.


Eighty percent of the grapes grown in Lake County are sold outside of it, she added. All told, winegrapes are a $35 million industry in Lake County.


Gunier said Cabernet Sauvignon is the leading varietal locally, followed by Sauvignon Blanc; the two varietals together account for 95 percent of the winegrapes in Lake County.


And Lake's Cabernet Sauvignon is a good one, Gunier said, tasting like Napa's Cabernet but without the steep price.


Gunier said the winegrape commission is excited to see the wineries association form, and that they

look forward to partnering with them. She said the commission has money earmarked for promotions, including a campaign to encourage wine drinkers to buy local wines. Gunier added that local wineries definitely need better coverage at local retailers and restaurants. She


“I think you'll see us, the growers, partner with them a lot on doing promotions,” she said.


Clay Shannon, who also chairs the winegrape commission's board, agrees.


“We'll definitely have some things we can do together,” he said. “It just makes sense.”


Creating demand for wine, he added, automatically creates demand for winegrapes.


The wineries association already has marketing plans that include conducting media events in the Bay Area and on the East Coast possibly as early as this fall.


They'll also work on creating other wine-promoting events like the Wine Adventure, which Shannon said has grown larger and more successful over its first three years.


Hughes added, “We want to bring more people into Lake County and let them know it's a winery destination now.”


Seeing the audience for their products grow has led local wineries to be optimistic about future possibilities, said Shannon.


He said of Lake County, “It's just a totally different place to hang out and taste wine.”


Wineries plan for growing demands


The wineries association comes at a time when demand for Lake County wines is growing.


Lake County's largest winery, Langtry Estate & Vineyards, produces 160,000 cases of wine annually at its Middletown site, said Craig Moore, Langtry's national sales manager.


From January of July through this year, sales for wines produced by Langtry Estate & Vineyards were up 38-percent, according to a recent company statement.


Moore told Lake County News that there is a definite shift in consumer tastes to brands that are above the $10 price point.


The winery's Langtry label produces wines ranging from $25 to $40 a bottle, with varietals including Petite Syrah, Sauvignon Blanc, Cabernet Sauvignon and Chardonnay. They also have wine blends featuring all of the Bordeaux varieties Cabernet Franc, Petite Verdot, Merlot and Malbec, Moore said.


The winery also produces the Guenoc wine label with wines ranging between $12 and $16, and a $45 port, Moore said.


Although there is aggressive competition from Australian imports, Moore said wineries like Langtry have escaped the affects of the wine glut.


“There's worldwide surplus, and that's never going to go away, because America will always be the No. 1 target,” he said.


Langtry grows most of its own grapes on 420 acres on the 22,000-acre estate, with some extra fruit purchased from neighbors, said Moore.


It's also the only winery in the country to have its own wine appellation – Guenoc – and that's something they want to build on, said Moore.


California wines are gaining increasing popularity worldwide, said Moore, as the state's taste profiles become more widely accepted.


Moore said there isn't any magic to increasing Langtry's sales. While California is their dominant market, Moore said Langtry has aggressively pursued sales in metropolitan areas around the country, the East Coast corridor of Washington D.C. to Boston, Canada and the Caribbean.


Langtry has focused on “pour it and they will come” strategy, said Moore.


That strategy is working well with the winery's increasing focus on quality, said Moore. “I think the quality right now that we're putting out is as good as we've ever done.”

He said Langtry's staff sees the winery as the county leader, and they promote Lake County heavily.

“We have a lot of faith in the future of this region,” he said.


So much faith, that they're looking at growth in the next five years, said Moore.


They've already laid the groundwork for significant expansion. In the last 18 months, Moore said Langtry has expanded its capacity with new barrel storage and tanks and new wastewater ponds.


The winery also has new wastewater treatment plans and monitoring requirements to come into compliance with Central Valley Regional Water Quality Control Board standards, according to the regional board's documents.


“We could double our business here with the infrastructure we have now,” Moore said, adding they only would need more grapes.


Next steps for the association


Membership in the association will be voluntary, and there will be opportunities for those with an interest in the wine industry – who don't necessarily work within it – to join as associate members, said Hughes. Shannon said he expects 90 percent of the local wineries to join.


There is still a lot to do, both Hughes and Shannon reported.


The group right now is collecting membership applications and setting up a Web site. Shannon added that the board this month is working on its budget.


Shannon said there's also the matter of the association applying for nonprofit status and seeking grants and funding.


“I think it's going to be a great thing for the county,” said Hughes.


For more information contact the Lake County Wineries Association, 263-8001, or send mail to 401 11th St., P.O. Box 1829, Lakeport, CA 95453.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..


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SACRAMENTO – The office of North Coast Senator Patricia Wiggins (D-Santa Rosa) reports that 11 of her bills were approved by the legislature and sent to Gov. Arnold Schwarzenegger for his consideration. Three others already have been signed into law.


“I thank my colleagues in both houses for their support on my bills, which cover a range of topics that are important to the people of the 2nd Senate District,” Wiggins said. “I also appreciate the fact that the Governor has already signed three of my bills into law, which gives me hope that he will sign the others as well.”


In numerical order, the Wiggins bills awaiting a decision by Schwarzenegger are as follows:


  • SB 108, which modifies an existing provision of law allowing wine orders to be taken at wine tasting events held by specified non-profit organizations to include three additional types of non-profit: civic leagues, social organizations, and voluntary employees' beneficiary associations;


  • SB 319, extending an existing exemption to state labor law allowing 16- and 17-year-olds in Lake County to work up to 10 hours a day and up to 60 hours a week in agricultural packing plants during harvest season (when school is not in session);


  • SB 557, designating Doctors of Audiology as professionals eligible to serve as qualified medical examiners for the evaluation of medical-legal issues in worker’s compensation claims;


  • SB 565, providing for the position of “hospital administrator” at the Yountville Veterans Home;


  • SB 568, authorizing counties to allow, following a required court hearing, the involuntarily medication of inmates who are diagnosed as mentally ill and are found incompetent to stand trial (the bill requires involuntary medications be administered utilizing a medically approved protocol administered at a county jail facility, in the same manner as an in-patient unit or state hospital);


  • SB 581, allowing the Volunteer Firefighter Length of Service Award fund (an employee-funded program that provides a very small monthly stipend to people who perform long service to their communities as volunteer firefighters) to be removed from administration by CalPERS and placed with a stand-alone board of administration composed of members of the program);


  • SB 678, enabling Napa County to purchase Skyline Park, which is currently state surplus property, from the state at fair market value;


  • SB 701, which would reinstate the previously-expired California Forest Legacy Program, which is designed to protect forest land, including working forests, from conversion to other purposes (the California Forest Legacy Program is necessary for the state to receive federal funds for forest conservation);

 

  • SB 735, requiring the state Department of Transportation, or CalTrans, to track the use of recycled aggregate materials;


  • SB 773, allowing 43-foot cattle trailers to be used in transporting livestock over certain parts of Hwy 101;


  • SB 861, enabling the North Coast Railroad Authority to divert $5.5 million, previously designed for repayment of a federal loan which has since been forgiven, for other purposes;


The three Wiggins bills already signed into law by the governor are SB 106 (ratifying the gaming compact between the Yurok Tribe and the state), SB 556 (establishing the Light Brown Apple Moth Act of 2007 and establishing a program to fund eradication activities), and SB 813 (clarifying portions of the state election code).


In addition, Wiggins has a number of bills that are still alive and will be carried over into 2008, among them:


  • SB 562, focusing on salmon restoration funding;


  • SB 695, focusing on recruitment and retention of wardens at the state Department of Fish & Game;


  • SB 992, focusing on adult recovery maintenance facilities.


 

Visit Wiggins' Web site at http://dist02.casen.govoffice.com/.


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Image
Firefighters quickly contained a 50-acre wildland fire on the Mendocino National Forest Tuesday. U.S. Forest Service photo by Wolfgang Liebe.



BARTLETT SPRINGS – In yet another blow to Lake County's historical buildings, a Tuesday fire claimed the Bartlett Springs Resort gazebo and another building on the remote site of the once-famed resort.


Mendocino National Forest officials reported Wednesday that the buildings were destroyed in a 50-acre wildland fire that broke out on private property.


Forest spokesperson Phebe Brown reported that the fire was located on Forest Service Road M-16/Bartlett Springs Road, about 15 miles north of Highway 20 and six miles east of Clearlake by air.


Brown said firefighters worked quickly on the fire, containing it in about six hours.


Smoke was first reported about 4:15 p.m. Tuesday, said Brown. Air and ground firefighting resources from the Forest Service and Cal Fire quickly began suppression actions, with air tankers and helicopters dropping water and retardant, and ground crews and equipment fighting the fire directly.


Firefighters contained the fire at 10:30 p.m., Brown reported.


The gazebo and a shop building that burned were located on the 1,990-acre property owned by Nestle. Brown said firefighters saved a house and five other structures, also on private property that the fire threatened.


The fire, according to Brown's report, began on private land and spread to the National Forest lands.


She added that the fire is believed to be human caused, and is still under investigation.


On Wednesday firefighters continued mopping up smoldering debris, reinforcing the existing fire line and looking for areas where the fire could flare up again.


This is the second time in less than two months that fire has destroyed buildings with ties to the historic Bartlett Springs Resort, founded in the 1870s, as Lake County News previously reported.


On July 28 a fire attributed to arson burned the lodge that resort caretaker Zane Gray had completely rebuilt in 1989, after the second lodge building to be located on the site was knocked down in a windstorm the previous year.


In the July fire, Gray said he found what he believed to be an ignition device in the lodge remains, which had been extensively vandalized in recent years despite his efforts to protect the buildings.


The July fire burned right up to the gazebo and stopped, Gray said.


Gray also had rebuilt the gazebo in 1985 in order to restore it to its early 20th-century look.


His efforts to care for the resort grounds saved all of the buildings during the 1996 Forks Fire, which destroyed numerous structures and burned 83,000 acres.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..


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Image
The historic Bartlett Springs Resort gazebo, restored in 1985 by caretaker Zane Gray, pictured on May 6, 2007. The gazebo was destroyed in a fire on Tuesday. Photo by Elizabeth Larson.
 

LUCERNE – Lucerne's two water groups elected new members of their boards of directors at a Saturday meeting at the Lucerne Alpine Senior Center.


About a dozen people attended the afternoon meeting.


New directors of the Lucerne Community Water Organization are past president Craig Bach, Jerry Morehouse, Hogan Cheung, Ed Moore and Jim Wilkie.


LucerneFLOW elected Karen Kennedy, Morehouse, Diane Behne, Gregory Cavness, Dallas Cook and alternate Tricia Van den Berghe.


Both groups are nonprofit educational and charitable associations, whose directors elect the officers. LCWO was formed in 2005 to intervene with the California Public Utilities Commission when California Water Service requested a 246-percent rate increase. LucerneFLOW'S goal is to acquire the water system as a public entity.


LucerneFLOW meets on the first Thursday of the month and LCWO at 7 p.m. on the second Thursday. Locations will be announced.


For more information call Van den Berghe at 274-8510.


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CLEARLAKE – A shooting Thursday evening has has left one man in critical condition.


A statement issued early Friday morning by the Clearlake Police Department reported that officers responded to Redbud Hospital's emergency room at 9:07 p.m. on the report of a shooting victim.


At the hospital officers found Daniel Williamson, 25, suffering from multiple gunshot wounds.


Williamson was life-flighted to Santa Rosa Memorial Hospital by REACH helicopter, where police said he was last reported in critical condition.


The investigation is ongoing, with police identifying and interviewing several people of interest, according to the statement.


In particular, police contacted 20-year-old John Smith, who was arrested on a parole hold.


Anyone with information on the case should contact Officer Ray or Det. Martin Snyder at 994-8251.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..


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LAKEPORT – A teenager accused of the March 2006 stabbing death of a Clearlake man was convicted Tuesday morning of involuntary manslaughter.


After two hours of deliberations, a jury found Bruce Emerson Wells, 19, guilty of involuntary manslaughter in the death of 54-year-old Vietnam veteran Samuel Shull, reported Wells' attorney, Roy Miller of Santa Rosa.


Wells, who was a few months shy of turning 18 when the stabbing took place, was tried as an adult in the case, after a fitness hearing last year found him unfit to be tried as a juvenile, according to Deputy District Attorney David McKillop.


The confrontation that led to Shull's death took place on a Friday night – March 24, 2006 – outside of Shull's 33rd Avenue home, according to the police reports.


Wells and six other minors ranging in age from 14 to 19 were at the Shull home for a party, said Miller.


At the party was a half-gallon of brandy and 48 beers. Miller said several witnesses testified that Shull and his stepson, Jacob Rines, brought the liquor there. McKillop said testimony conflicted on just who actually did bring the alcohol, whether it was Shull or another adult named “Herb.”


The alcohol proved to be a critical factor in how the evening unfolded.


Wells and the other teens, who had known each other for some time and were friends, were drinking and partying in the home's living room, said Miller, while a number of adults were in another area of the home.


“The testimony at trial revealed that most of the kids were drinking heavily,” said Miller, a statement with which McKillop concurred.


A quarrel started after a teen at the party, Joshua Carter, playfully “goosed” Wells while trying to walk around him, Miller said.


Eventually the argument died down but Samuel Shull's wife, Linda, asked Wells to leave, said Miller.


Confrontation and death


Miller contends Wells did leave, although both he and McKillop reported testimony from witnesses that Wells stayed outside the home, yelling and pacing before throwing a softball-sized rock at the home's front door.


Wells then began walking down 33rd Avenue in the direction of his home, said Miller, followed by Shull, who went out into the rainy night wearing a pair of jeans and bedroom slippers but no shirt.


Why Shull followed Wells isn't clear, but both sides agreed that the two had a confrontation down the street, which no one heard.


The result, said Miller, was that Wells stabbed Shull once with a three-and-a-half-inch long fixed blade knife.


Said McMcKillop, “Our feeling is, that there was good, strong evidence that he (Wells) drew the victim out and stuck him.”


Shull then walked to the corner of his property and collapsed, said Miller.


Witnesses testified that they began screaming at Wells, who came back to the front yard. There, Shull's stepson, Jacob Rines, hit him more than once over the head with a 5-foot-long walking stick, which Miller said caused a significant head injury.


Both Shull and Wells were transported to Redbud Hospital, said Miller, where Shull was pronounced dead on arrival in the early morning hours of March 25, 2006.


Wells, who had bleeding into his brain from the blows to the head, was transported to Santa Rosa Memorial Hospital for treatment, said Miller.


McKillop and Miller both reported that Shull's autopsy revealed he had a blood alcohol level of .30, while Wells had a blood alcohol level of .19 coupled with marijuana.


Investigation and trial


The witnesses in the case weren't interviewed until three days afterward, both sides reported.


“You have to interview people as soon as possible,” said Miller. “They didn't.”


McKillop defended Clearlake Police's actions. “That night the scene was very chaotic and it was pouring down rain, so they wanted to preserve the physical evidence,” he said.


Police tried to set up interviews at the hospital after everyone had been checked out, but by the time police arrived at the hospital, everyone had left, said McKillop. Police found many of the teen witnesses at school the following Monday.


In a murder case, the degree isn't charged, said McKillop, although the jury can choose a degree in making a conviction. He said the District Attorney's Office felt the case was close – between second-degree murder and manslaughter – but they were looking for the higher murder charge.


For murder, McKillop explained, “You have to be able to form a certain intent, and being intoxicated can make it tougher to form that intent.”


Miller said Wells' consistent testimony was that he did not remember the confrontation with Shull, or for that matter anything after the argument with Carter. He said he presented testimony at court about how head injuries can cause that type of memory loss.


Wells, said Miller, “had no history of violence like this.”


McKillop and Miller both confirmed that Wells had contact with police as a juvenile, but those records are sealed and could not be used in this case.


Miller said he believed the conflicting, sometimes changing testimony of some of the witnesses led the jury to their verdict.


In particular, he pointed to the testimony of Jacob Rines and his sister, LeeAnn, who he said made statements on the stand that didn't match what they told police. Jurors pointed out that testimony to him as problematic, said Miller.


Miller accused Jacob Rines of witness tampering for having admitted that he told other witnesses what to say and, in particular, that they should say it was Wells who brought alcohol to the party.


Miller said he presented information to the District Attorney's Office in February regarding his allegations against Rines for witness tampering, which his investigator, Gary Hill, unearthed.


The District Attorney's Office declined to take any action, said McKillop, because it was neither dramatic nor pertinent information.


The jury's decision Tuesday, said McKillop, means that they found no malice in Well's actions.


Miller said he was thrilled with the verdict in the case, which is a tragic one.


“It's tragic that Sam died, but it's also equally tragic that he forced the confrontation,” said Miller.


Alcohol at the root of the incident


Both McKillop and Miller agreed that the case illustrates one vital point – teenagers shouldn't drink.


McKillop, who specializes in alcohol-related cases, particular those involving drinking and driving, said teens don't have the physical ability to handle alcohol, nor the life experience and judgment to make good decisions about alcohol use.


“What happened that night happened because of alcohol on both sides,” said Miller. “No parent should be allowing kids to drink in their home. It's insane.”


When Wells returns to Superior Court's Department 3 for sentencing at 8:15 a.m. Monday, Oct. 15, Judge Arthur Mann will have sentencing options ranging from probation to a maximum of five years in prison, said Miller.


The case now goes to the Probation Department, which will interview Wells and make a suggestion on how he should be sentenced, Miller added.


Because he's now 19, and he was tried as an adult, Wells would serve time in an adult facility, McKillop said.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..


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Seat belt usage by California motorists is at a new record high, 94.6 percent, according to an annual survey commissioned by the state Office of Traffic Safety (OTS).


That's an improvement of more than 2 percent during the past two years, according to the study. In 2005, the figure was 92.5 percent; in 2006 it rose to 93.4 percent.


"These numbers are literally the difference between life and death. The increase this year means an estimated 372,000 more Californians are buckling up," said Business, Transportation and Housing Secretary Dale Bonner, who announced the new last week at the annual California law Enforcement Challenge Awards in San Diego.


The California Highway Patrol and local police departments have increased public awareness of the life-saving benefits of wearing a seat belt during the past year.


OTS, through the National Highway Traffic Safety Administration, has provided funding for officer overtime for enforcement efforts and for educational outreach programs to encourage people to always wear their seat belts.


"These aren't just numbers. They are real lives saved and real tragedies averted," sad CHP Commissioner Mike Brown.


"These numbers are great, but we won't rest until we've convinced everyone that wearing their seat belt is the smart thing to do," stated OTS Director Christopher J. Murphy. "It takes just two seconds to save

a life."


In 2006, the CHP issued 254,328 citations for people not wearing their seat belts. Fines have been significantly increased the past two years.


The combination of enforcement and education is the key to changing behavior. Commissioner Brown warns that CHP officers will continue to aggressively seek out those holdouts who still don't get the message.


{mos_sb_discuss:2}

KELSEYVILLE – A Tuesday ATV crash may have been the result of drinking and driving.


A report from California Highway Patrol Officer Adam Garcia said the collision took place at 6:30 p.m. Tuesday.


Michael Green, 51, of Kelseyville was riding his Honda ATV four-wheeler southbound on Live Oak Drive north of Cole Creek Road when he drove straight as the road curves right, according to Garcia's report.


Green traveled down a dirt and brush embankment before coming to rest approximately 100 feet down the hill, Garcia reported.


Garcia said Green was not wearing a helmet.


REACH air ambulance transported Green to Santa Rosa Memorial Hospital by REACH, Garcia reported.


Alcohol is believed to be a factor in this collision, according to Garcia, and consequently Green was

arrested for suspicion of driving under the influence.


Due to the extent of his injuries, Green was released to the care of the hospital, according to Garcia.


Officer Dallas Richey is investigating the incident, Garcia said.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..


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NICE – Three county residents escaped serious harm last week after they collided with a cow while driving through rural Glenn County.


A report from the Willows California Highway Patrol Office explained that the accident last Wednesday involved Sheila A. Rangel, 34; Phyllis Burrows, 49; and 13-year-old Vivian Fred.


The incident took place at 8:55 p.m. Sept. 5, as Rangel was driving her 1995 Dodge Neon northbound on County Road 306 north of Highway 162 at approximately 55 to 60 miles per hour, the report stated.


Due to unsafe speed, the CHP reported that Rangel failed to slow or stop her vehicle before hitting a cow standing in the northbound lane.


After colliding with the cow, the CHP reported that Rangel's Neon went off the roadway and into the west dirt shoulder, where it hit a dirt embankment and rolled over onto its roof.


The Neon continued skidding northbound on its roof in the southbound lane, according to the CHP, before it came to stop on the west shoulder.


Though the cow reportedly didn't survive the collision, Rangel, Burrows and Fred came out much better off, despite the rollover.


CHP reported that Rangel had cuts and Fred was uninjured. Burrows was transported to Enloe Hospital in Chico with cuts to her arms.


All three were wearing their seat belts, the CHP reported.


E-mail Elizabeth Larson at This email address is being protected from spambots. You need JavaScript enabled to view it..


{mos_sb_discuss:2}

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