New 49'er Newsletter

FOURTH QUARTER, OCTOBER, NOVEMBER 2017                               VOLUME 31, NUMBER 10

Dave McCracken


Newsletter By Dave McCracken General Manager

Here is the list of winners for the Friday 27 October 2017 New 49’er Legal Fund-raiser Drawing:

Legal Drawing Legal Drawing 2

Ten 1-ounce American Silver Eagles

1. John Stewart III of Canton CT
2. Rex & Jeannne Wheeler of Cloverdale OR
3 . Dorthy Easley of Tamarac FL
4. Ryck Rowan of Spokane WA
5. Steve Van Meter of Cocoa FL
6. Robert Guardiola of Riverbank CA
7. Mathew Ziesak of Eureka CA
8. Byron Brown of Sandy OR
9. John Krueger of Gold Hill OR
10. Ryck Rowan of Spokane WA

Ten 1/10- ounce American Gold Eagles

1. James Porter of Bend OR
2. Joseph Redmond of Hermosa Beach CA
3. David Thomson of Grand Canyon AZ
4. Robert Guardiola of Riverbank CA
5. Ryck Rowan of Spokane WA
6. Ryck Rowan of Spokane WA
7. Gary Heglund of Salem OR
8. Gary Fox of San Leandro CA
9. Bill & Leone Lant of Campbell River Canada
10. John Krueger of Gold Hill OR

Four 1/4-ounce American Gold Eagles

1. Van Wilhite of West Point CA
2. Theo Campbell of Rogue River OR
3. Michael O’Connell of Crescent City CA
4. Forrest Sutherland of Klamath Falls OR

And the Grand Prize: 1-ounce American Gold Eagle

1. Ryck Rowan of Spokane WA

Congratulations to all of the winners!

Thank you each and every one for all your support of our effort to keep small-scale gold mining alive in America.

A special thank you to our drawing assistant, Valisha Armstrong, who works at one our local schools in Happy Camp.

Comment: Either Rick Rowan is one heck of a lucky guy, or he bought thousands of tickets!

Myrna Karns from Our Office Has Passed Away
Myrna Karns

Here is Myrna helping with the legal drawing in July of this year.

I am saddened to announce that longtime New 49’er supporter, Myrna Karns, passed away on September 14thShe was 79 years young. Many of you who have attended our Saturday potlucks will remember her because Myrna sold tickets at the prize table for more than 20 years. Myrna worked as a loyal staff member in our front store-office for the past 6 years.

The rest of us in the office recognized that Myrna was struggling with her health towards the end of this past season. She wrote it off as her allergies acting up with all the wildfire smoke in the air. But the reality was that she came down with bone cancer and her health deteriorated rather quickly. As tough as she was, she made it to the final potluck of our 2017 season; and she continued to open up our office every morning until the ambulance finally had to take her away. We will miss her dearly!

Here is some history on Myrna that was sent to us by her favorite niece, Kelly Parker:

“The thing I most admired about Aunt Myrna was that she was always adventurous and commonly defied convention. Her long-term career was as a printer/machinist for Interlake Steel in Illinois. When she showed up for the interview, the boss said it was a man’s job. She said that was fine and to please return her resume. He saw that she was riding a HarleyDavidson motorcycle, and he asked what she did when it broke down. She said, “I fix it.” She got the job.  They put her on a machine without instructions or training. So she took the machine apart, cleaned it, put it back together, and figured out how to run it.

No muss…no fuss. Aunt Myrna married Carl Karns and they moved to Ohio. She worked at a print shop, but their hobby was building underwater metal detectors. They actually met while detecting. They eventually sold their detectors to the police department that used them to find weapons and discarded treasure.

A younger Myrna KarnsThey bought a print shop in Ft. Pierce, Florida and continued detecting. The cache was always better after storms. A neighbor found an emerald necklace, they found pieces of eight, rings, etc. They always tried to find the owners of high school rings.

Once at a neighborhood fair, you could buy a bag of dirt for $3 and pan for gold. She enjoyed the heck out of that! She bought $30 worth. She was happy when she found something, but her joy was more about the process.

Myrna eventually signed up for The New 49’er newsletter and then bought the videos. When her husband died, she moved to Lewisville, Texas to be with family. She told her dad about the gold and Happy Camp. He encouraged her to go out there. She visited a couple of times before making the big final move in 1997.

While in Texas, she was a bus driver, waitress, dishwasher, and helped build the HARM missiles. She had a strong work ethic. She made money to support her hobbies and to eat, but was never interested in becoming rich.

She loved Pepsi. She bought a Pepsi machine, made it work and stocked it. If you don’t think the nieces & nephews LOVED that about their aunt…she was so stinkin’ cool!

She rode motorcycles for years until her back finally had enough. She gave up riding in 1990. Her dad and her brother also rode bikes, so it was a family thing. She was part of Motor Maids in the tri-state area. It’s a women’s motorcycle club.

She loved water, swimming, diving, boating, gold panning… anything water-related.  She became quite good at underwater gold dredging until her body just wasn’t up to it, anymore.

She had a strong faith in god. Shout out to Pastor Bill Estes of Happy Camp who sat by her side for the last 13 hours of her life so she wouldn’t be alone when she left this world.

Death was just one more adventure for Myrna to undertake. She was comfortable, at peace, and ready. You’ve heard that saying… Life should not be a journey to the grave with the intention of arriving safely in an attractive and well preserved body; but rather skid in sideways, chocolate in one hand, wine in the other, body thoroughly used up, totally worn out and screaming “WOO HOO what a ride! That was my aunt Myrna!”

Gary Wright and I visited Myrna in this wonderful Hospice center in Yreka shortly before she passed on. She was as bright and clear-headed as ever. She was clearly comfortable and at peace with the idea of moving on. The last thing she said to us was, “What the heck; it’s totally boring just laying here looking at the ceiling; so I guess it’s time for me to see what comes next.”   I gave her my most heart-felt hug and asked her to keep an eye out for me in the next world. She promised that she would. Myrna’s promise was as good as gold!

Legal & Political Updates

Our California litigation is challenging the State’s authority to impose a moratorium upon suction dredging. As part of an ongoing effort by State authorities to eliminate small-scale mining completely, “suction dredge” has been redefined by State lawmakers as any mechanized device within 100 yards of a waterway for the purpose of excavating or processing minerals.

There was a court hearing in San Bernardino on 17 October. We are now waiting for the judge’s ruling. Here is our attorney’s explanation of how that went.

Frankly, after struggling for many years in the California courts to win our mining rights back, I have very little faith that we will ever succeed in State Court. California has been nearly completely taken over by progressives. Some might call them socialists; but I have come to the conclusion that this is more like foolishism.  California is definitely on a death spiral. This is not just about small-scale mining. This is about the entire State. There appears to be zero rational leadership capable of seeing the consequences.  Here is a very short video that clearly lays out where the State is going.  I advise everyone to watch it and pass it around.  Please understand me: I am not discussing immigration. I am discussing economic consequences and a complete lack of rational leadership.  One America News, by the way, is an up and coming conservative cable news station which is vastly different than the well-established fake news media which we all grew up with and trusted.

Did you know that California is now considering banning all internal combustion engines in the State? This includes motor vehicles!  In fact, the process has already been started. Said another way, this is not going to end well!

Here is the lesson: Sound economics are unshakable natural law. They are facts of life that cannot be changed by wishful thinking or political ideology. Not even a State can spend more than it takes in without eventually going broke. Since the State is too large to “bail out,” and cannot print its own money (thank god for this), nearly everyone who depends upon the State of California for income is going to get the shaft.

If I had to guess, I would predict that we are more likely to win our small-scale mining rights back because there will no longer be any game wardens to enforce the State’s crazy laws! Why? Because there won’t be any money left to pay them!

While I am on the subject of how things might turn out, we should take note that while law abiding conservatives are being portrayed as racists and Nazis by the false news media, America’s far left, violent extremist groups are busy organizing for violent revolution. You don’t see much about this in the mainstream media. But we should not ignore the evolving realities.

Here is another thought: California has hired an army of lawyers to challenge the Trump Team’s policies on immigration, energy production on the federal lands, and the list of ongoing lawsuits against the Trump agenda goes on and on. But what happens when a State runs out of money?  You can only tax citizens so much before they also go broke. The State could eliminate unnecessary programs to cut costs; but that is unlikely under existing “leadership.”

I don’t know if a State has ever filed for federal bankruptcy protection. A declaration of bankruptcy by the State of California would place the Trump Team in charge of California, right?  Keep your eye on the far left extremists; they will be ready when law and order retreats.

Just as a side note, California’s budget acknowledges a potential liability to small-scale miners of $5,500,000,000 (yes, that’s $5.5 billion) because of our ongoing takings litigation.

As I have said, we live in very interesting times!

As many of you will recall, “Rinehart” is a dredging case that began several years ago which challenged the State’s authority to overrule an act of congress concerning small-scale mining on the federal lands. We won this case unanimously in California’s Third Appellate Court. Then the California Supreme Court reversed the Decision in another unanimous Decision. We are now appealing to the U.S. Supreme Court. The high court has requested a briefing by the Solicitor General.

The American Exploration & Mining Association is a large organization which mostly represents the interests of large-scale mining. But they also support small-scale miners when we need them The New 49’ers belong to their membership. They are very well connected in Washington DC. So for the most part, they have taken the lead role in urging the Solicitor General to write a favorable brief on our behalf. My understanding is that the new Solicitor General (a Trump appointee) is in the process of writing a brief as to why the U.S. Supreme Court should review the Rinehart case. Let’s collectively cross our fingers on this one!

At the same time, California’s legal challenge to block the federal government (Trump Team) from developing natural resources on the federal lands is working its way through the courts. Natural resources are the foundation of any economy! They have to come from somewhere! But, as is demonstrated by the linked video above, California leadership does not look very far ahead.  Or perhaps they do and we cannot understand why they are deliberately running the State into the ground… In any event, these State/federal lawsuits move forward on a fast track. The outcome in this and other ongoing litigation should help us, loggers, farmers who need water to grow our food, and a big part of America’s national economy.I receive emails from people on occasion requesting that I do not express my opinions on political matters and just publish stories about mining gold.  I always answer the emails that are polite and respectful. My time is too valuable to waste on haters. My answer generally explains that State policies have reduced small-scale mining down to hands and pans. While there is some enjoyment in that, the real adventure is deeper down in the streambeds which we cannot reach without the use of motors. Locating those deposits generates excitement that everyone wants to read about!

I have been in mining for 38 years. I had to learn everything through the school of hard knocks. Everything I have was worked for — not to say that there have not been hundreds or thousands of supporters just like you guys along my very long journey. Good and bad, it has been a great journey!

If it were not for my VA and SS benefits, I would have had to throw in the towel several years ago. And truthfully, since the State is not allowing me to use a dredge to recover the fast water gold deposits, I would rather devote my remaining years chasing fish and other interesting adventure on the South China Sea.

But there probably is nobody else within our industry in a stronger position to keep the hope alive and legal bills paid. With so many of you supporters out there, and all those who helped carry the load over the many years, and all those who kept small-scale mining alive since America’s beginnings, I am bound by personal duty to see the battle through until the end, whichever way it goes. There is no other path for me!

I’ll still manage to do some adventures searching for fish and other interesting things during our slow winter months when not much is happening in Happy Camp. While they have nothing to do with our New 49’er program, these adventures are as wild as it gets. While we wait to get our industry back, especially during the slow winter months, if you want to share in adventures more like this, please let me know. Just to be clear, I’m talking about sharing the stories, not bringing anyone else along in the flesh.  Otherwise, I could tell some mining stories from earlier times.

Thanks very much for your personal contributions, support and taking the time to communicate with me directly when you feel the need. Nobody understands your frustration better than I do.

You want to know how I feel? I feel terrible that the State has us down to hands & pans when we could be a thriving industry doing our part “to help make America great again.” I feel deeply betrayed to have put my life on the line (tip of the spear) for my country, only to have it taken over by enemies of the traditional American way of life. I am deeply upset that the judicial branch of government, which is charged with the duty to protect Americans from the excesses of the legislative and executive branches, has largely become a tool to enforce the unconstitutional excesses and destroy the American Dream. Here is an example of what the State is paying millions of dollars to do, which small-scale gold miners used to do for free with the use of our suction dredges, while at the same time, adding real wealth to the State’s economy. It’s okay for the State to run heavy equipment out into the river. But it is a criminal offense for us to use a 12-volt bilge pump within 100 yards of the river!


It kills me to supervise a weekend project when there are more local volunteer helpers out there than members or guests arriving from outside of Happy Camp. I am embarrassed to be at a Saturday night potluck when the 25 or so people there mostly live in Happy Camp.  During the 90’s, we had hundreds of people attending our events!

I know: The big adventure comes from the deeper gold deposits which require some mechanical assistance. Most experienced miners only want to pan the concentrates from their suction dredges or high-bankers!  So things have slowed down quite a bit during the past several years. But there remain enough of you out there with continuing hope that monthly and annual cash flow is able to keep our program alive. You guys are correct; we should not let go of the 60+ miles of gold-rich property that we make available to our members. If we do, there will never be such a golden opportunity for small-scale miners to attain personal freedom again.

The truth is that I had pretty-much given up on the America which I was so lucky to grow up in. I did not anticipate someone big and tough enough like Donald Trump to come along and turn everything upside down! I’m sure that was quite a surprise for almost everyone. Like him or not, he is, at least for the moment, making progress in our direction (see links below). He truly is facing off with the dark side – which is huge! But Trump is a fighter. As much as he has accomplished in his life, it is amazing his enemies, with unlimited resources, have not found anything he has done wrong that will bring him down!

And there is reason to believe The Trump Team’s momentum is going to pick up. There are a lot of bad people who have had it their own way in the deep state who should be in jail. I do see a light at the end of the tunnel. We still have to wait and see how it plays out. If Trump comes out on top, I believe we will get our dredges and motors back; and then our industry will flourish like never before in modern history. And America will regain its strength and become great again – for everybody. There is still some hope!

As long as there remains hope, and others are willing to help carry the load, I will stay the course.

Even though most of the news we are seeing has been associated with heath care reform, tax reform, Russian meddling in our election process, immigration reform and Donald Trump’s tweets; there is a lot of progress being made at the administrative level of government where we have to do business.  Here are just a few examples that you guys might find interesting:

Donna Brazile: I found ‘proof’ the DNC rigged the nomination for Hillary Clinton

Big Three Networks skip Donna Brazile bombshell that DNC was rigged for Clinton

E.P.A. Announces Repeal of Major Obama-Era Carbon Emissions Rule

BLM cancels 10 million acre Sagebrush Focal Area Withdrawal Proposal

EPA moves to nix Obama’s ‘waters of the US’ regulation

New Interior Department Order limits most NEPA studies to a year, 150 pages

Ryan Zinke calls for lifted restrictions on national monuments

Oregon Dems push phony precedent to block Ninth Circuit Court nominee

Trump is remaking the federal judiciary (while the press freaks out over his tweets)

Chance to Win More American Gold & Silver Eagles!

gold and silver eaglesThere will be 26 prizes in all:
Two Grand Prizes: 1/2-ounce American Gold Eagles
Four ¼-ounce American Gold Eagles
Ten 1/10th-ounce American Gold Eagles
Ten 1-ounce American Silver Eagles

Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets).

This drawing will take place at 2 pm on 23 February 2018 at our headquarters in Happy Camp. You do not need to be a member of our organization to participate. You do not need to be present to win. There is no limit to the size or frequency of your contributions, or to the number of prizes you can win.

Legal contributions can be arranged by calling (530) 493-2012, by mailing to The New 49’rs Legal Fund, P.O. Box 47, Happy Camp, CA 96039, or online.

You can find out more about this legal fund-raiser right here.

Purchase Tickets for the next legal Fund-raiser Drawing

$10.00 each – Enter the number of tickets you wish to purchase into the quantity field then click “Update” before checking out. Our office will automatically generate a ticket in your name for every $10 legal contribution we receive ($100 would generate 10 tickets, etc). There is no limit to the size or frequency of your contributions, or to the number of prizes you can win. Your contribution to The New 49’er Legal Fund is tax-deductible.
Sign up for the Free Internet Version of this Newsletter

We strongly encourage you to sign up for the free on line version of this newsletter. This is because you can immediately click directly to many of the subjects which we discuss; because the on line version is in full color; because we link you directly to locations through GPS and Google Earth technology; and because you can watch the free video segments which we incorporate into our stories.  Actually, the video segments show the adventures better than we can write them!

Signing up also places you on our Political Action Team.  Things happen so fast these days; it takes too long to organize political action through the U.S. mail.  As an example, by contacting our supporters this way, in a matter of hours, we recently generated a large bundle of letters to the California Supreme Court. All of these future battles will be organized over the Internet since it is so much faster.  Please join us in the battle to maintain our remaining freedoms!

Sign up for our Free Internet Newsletter!

 Note: You are free to unsubscribe anytime just by clicking a link if you decide to do so.


The New 49’ers Prospecting Association, 27 Davis Road, Happy Camp, California 96039 (530) 493-2012

Print This Post Print This Post