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commission roundup:
Scouts donal:e totem pole
t0Thedty°fSheltonis vre arin he had talked with represents-
• _ P g
. receive a 14-foot totem pole be- tives of the Squaxin Island Tribe
g donated to Shelton by Boy
tTroop 126, which built it.
,.Senior Patrol Leader Matt
. told Shelton city commis-
Monday that starting last
r0op members put hundreds
of work into carving the
e Scouts want the pole in
il} lee where people can see it
it won't be harmed.
i, itroo p will take on the re-
lllty of maintaining the
ar totem pole, Hess said. A
'hurl with the names of the
a who worked on the pole,
and their Scoutmaster, will be
pl d next to the pole.
site for the pole,
ted Commissioner Janet
is the McConkey Gar-
north side of the Shel-
library. Other possible
Include Kneeland Park and
Park.
really took on a big
said Mayor Scott Hil-
SUggested the scouts
Development Services
Gary Rhoades and Shel-
rlan Tim Mallory to dis-
of the pole.
,ss, Matt's father, said
EXCELLENT condition, ac-
included, $500. Call 427-
:3ME, 4 bedrooms, wood
it, carport, barn. Hat-
S month. 426-3830.
CRAFT boat, must sell,
for more information, 427-
2-bedroom mobile, carport,
A/C, $550 monthly. 427-
Childcare Center is hiring a
teacher. If inter-
Michelle at 426-1651,
UPPIES and adult dogs.
pig. All free to good
M9/2
parting. Toyota Land
runs good. 427-
Pick up application at
Railroad Avenue,
garage sale. Furniture,
Pythons with cage, 2'
'age, etc. Saturday-Sun-
P.m., Shorecrest, E. 71
for signs. H9/2
Office: Cash-
Range 9. The Ma-
intends to hire a
with benefits. Qualifi-
1.ool diploma, computer
calculator, book-
skills. Ability to com-
the public and other
set forth in the job de-
at the treasurer's of-
411 North 5th,
application to P.O. Box
This will
9, 1999,
please
or 478. M9/2
EXTERIOR, interior.
:ompetitive prices.
Jality Construction
CARLQC033MP.
TRY OUR CUSTOM FROZEN ICE-CREAM
CAKES & LOGS--FOR ANY OCCASION!
District No. 402
grade certified teaching
classified paraeduca-
Substitute teaching
being accepted as
Miller, Personnel,
;helton, WA, 98584,
about the totem pole and they
were happy the scouts had built
it.
The idea for the totem pole
came during a lengthy hike by
the scouts through the Olympic
Mountains. A thunderbird on the
top of the pole represents a leg-
endary figure that guarded the
Olympics.
IN OTHER CITY business,
commissioners:
• Heard from Hilburn that
Shelton City Hall will be closed
next Monday in observance of the
Labor Day holiday. Monday's
commission meetings were re-
scheduled. The commissioners
will meet at 3 and 7 p.m. Tues-
day, September 7.
• Learned from Hilburn that
Ken Stodden, crew leader for the
Shelton Street Department, had
been presented with the Mayor's
High-Fiye Award in recognition of
the work the crew has done on
city streets, particularly the chip
seal layer installed on Eighth
Street adjacent to the Shelton
public library.
• Heard a report from Jeff
Morgan of Cosmopolitan Engi-
VINYL CHAIR with footstool, $35. Dou-
ble bed carved headboard with rails,
$30. Round table with leaf, $45. Sofa
bed $35. All good condition. 427-0483,
evenings. P9/2
SITTER NEEDED for two. Four days per
week, Wednesday thru Saturday. Bor-
deaux district. Call for more informa-
tion, 427-7641, after 8 p.m. or leave
message. $9/2-9
ONE BEDROOM furnished, with moun-
tain views, Hood Canal access with
boat. Also wooded hing trail, on bus-
line, near Union and Alderbrook. PS --
also porch enclosed with bed and
woodstove. $400 monthly with utilities,
deposit. $9/2
GARAGE SALE: Saturday, 9 a.m.-5
p.m., 21 SE Whitener Rd. (Kamilche).
Lots of clothes, soccer cleats and
shorts, snow skis, tires, miscellaneous
dishes and more. O9/2
1992 S-10 Chevy Blazer, 2 WD, V6,
160,000 miles. Very clean, $5,900,
426-7469. F912-9
FOR RENT: Lilliwaup, 2 bedroom witth
half basement (garage/workshop).
$400 monthly, 3-6 month lease, $400
deposit, $200 cleaning deposit. Refer-
ences, 426-3804. P9/2-9
1993 ACCORD EX, low miles, 5-speed,
sunroof, immaculate. ABS, power win-
dows/locks, air, $10,800. (360) 275-
5208. L9/2-23
1997 LEGACY Outback, 5-speed, air,
ABS, power windows/locks, beautiful
car, $16,800 OBO. (360) 275-5208.
L9/2-23
SATURDAY ONLY, 9 a.m.-4:30 p.m.
Lots of stuff. Capitol Hill, 548 E. Birch
St. Y9/2
1-2 BEDROOM apartments. $435, one
bedroom. $475, two bedrooms. Near
hospital. Call 427-6985. No pets. F9/2.
23
MOVING SALE. Part II, 531 N. Finch
Creek Road, Hoodsport. Friday 9 a.m.-
2 p.m.; Saturday, 9 a.m.-4 p•m.; Sun-
day 11 a.m.-?. Nice women's clothing
and shoes, free hide-a-bed, lots of
Christmas and holiday decorations,
lots of other good stuff. More added
every day. F9/2
HORSE TRAILER. Brakes need work.
$800. Call 426-1924. K9/2
PROWLER 26'. Super clean. 1989 trail-
er, $5,950. 426-7611. C9/2-9
BAYLINER "TROPHY," 20', 1993. Must
see. $14,950. 426-7611. C9/2-9
SHELTON MAYOR Scott Hilburn, left, presents Ken
Stodden, crew leader for the Shelton Street Depart-
ment, with the Mayor's High-Five Award for chip seal
layering projects on several city streets.
neering of Tacoma and Rick Est-
veld of Estveld Engineering about
the city's sewage treatment plant.
The plant has been in operation
more than 20 years and because
of the excellent operation and
maintenance at the plant a lot of
the equipment has remained in
use beyond its 15-year design life,
they said.
The engineers are a quarter of
the way through their design
work at the treatment plant. The
top project is addition of an ultra-
violet disinfection system. They
suggested an evaluated bid for-
mat under which calls for bids on
equipment precedes bids for con-
struction.
Commissioners wanted to
know more about that format.
Rhoades was directed to check
with other cities where it has
been used to see how it has
worked.
• HEARD FROM Rhoades
that the downtown handicap
ramp project at a number of
downtown intersections is about
70 percent complete. He said he
hopes the work will be winding
up fairly soon.
As for the Railroad Avenue
paving project on the west end of
the city, Rhodes said the project
will be done before the end of the
year. Problems include failing
asphalt and the need for install-
ing a larger storm water pipe. He
told The Journal he hopes the
paving will be done within the
next several weeks.
• Approved an agreement with
Municipal Court Judge Carrene
Wood through December 31,
2001. The agreement calls for an
annual base salary of $34,000
from July 1 through next Decem-
ber 31, and $38,000 for the year
2000, as well as benefits
Coroner says Bering's
hanging death suicide
Mason Count, Coroner Martha
Reed said Monday that the death
earlier that day of 24-year-old
Charles J. Boring of Shelton was
a suicide.
Reed said Boring died as the
result of a hanging in an aban-
doned garage near his residence
on Johns Prairie Road. His uncle
found him about 6 a.m., she said,
adding that officials surmise Bor-
ing died between 5 and 5:30 a.m.
No Suicide note was found,'the
coroner said.
An autopsy, she said, indicated
the cause of death was cerebral
anoxia.
"It's been a horrendous
month," she said, noting that
Monday's was the third suicide
this month• Two earlier deaths
were the results of gunshot inju-
ries. A fourth death in the county
was a drug overdose, she added.
Fair lists livestock
auction's winners
Late results reported to the
Mason County Fair office list win-
ners at the Mason County 4-H
and Future Farmers of American
market livestock auction.
At the auction, youngsters pre-
sented the critters they raised in
their 4-H and FFA programs.
4-H winners in the event were
Jeff Brown, champion market
steer; Cassie Brehmeyer, cham-
pion market hog; Nathan Willard,
reserve champion market hog;
Theresa Brown, champion market
lamb and Patrick Penoyar, cham-
pion market goat.
FFA winners were Kyle Chap-
lin, champion market hog, and
Kammie Kingman, champion
market lamb.
For dessert on
Labor Day, you
don't need to labor.
N FARMERS MARKET
Local farmers:,,[
We have winter garden bedding
plants, fresh produce: green beans, to-
matoes, squash, cucumbers, potatoes,
carrots and onions. Fresh local honey.
[Local craftsmen:]
Stained glass, didgeridoos, tie dyed
clothing, soaps, glass beads and
jewelry.
IBakery:l
Fresh bread, muffins,
pastries and goodies.
SATURDAYS I0 A.M.-3 P.M.
ST. & FRANKLIN Im the Post Office Park)
Labor Day is Monday,
September 6
O
Ihl a----- IkAlla
At participating
Dairy Queen ® Stores•
We Treat You Righ °
Shelton • 221 North Ist • 426-7277
© AM D.Q. Corp.11995 Deiq¢ Queen =tore,= ere proua sponsors of the Children'| Miracle
® Reg. U.S. Pat. Off., AM D.Q. Corp. Network Telethon, which benefits local hospitals for chil(:lre¢l.
Precedent set, prosecutor says:
Appeals court affirms
clam-theft conviction
Mason County Prosecutor Gary
Burleson says a Washington
Court of Appeals ruling upholding
a 1998 clam-theft conviction here
is an important ruling for the
county and the state.
The Washington Court of Ap-
peals has denied an appeal by
Skokomish resident Timothy
Longshore of his 1998 conviction
on a charge of second-degree
theft.
An opinion penned by Judge
Karen Conoley and filed August
27 finds no validity to Long-
shore's contentions that clams he
took from a privately owned, con-
taminated beach had no market
value. Neither did the appeals
court find that the clams in a nat-
ural bed are ferae naturea, and
thus not the personal property of
the tidelands owner.
Burleson says both the issue of
value and the issue of ownership
will have an impact on future
prosecution in cases of shellfish
theft.
TACOMA ATTORNEY Ste-
phen Gregory Johnson, court-ap-
pointed counsel for the defendant,
moved on Longshore's behalf at
the close of the state's evidence at
trial last year for a directed ver-
dict, claiming the state failed to
prove its case because contami-
nated fish have no value and con-
tending that clams in a natural
bed are not subject to private pos-
session.
The trial judge denied the mo-
tion and the case was submitted
to a jury, which returned a guilty
verdict• Longshore's motion for
arrest of judgment, based on his
argument that clams are not the
personal property of a private
tidelands owner, was also denied.
The appeals court ruled that
the directed verdict could not
have been issued because there
was testimony at trial that there
was a market value, albeit a
"gray market," for uncertified
shellfish. Testimony in the ease
indicated Longshore sold 340
pounds of shellfish for $1.50 a
pound, but the defendant's appeal
claims there was no evidence the
value of the clams he took was
over $250, the legal lower limit
for the crime of theft in the sec-
end degree.
"Longshore argues that be-
cause the wholesaler to whom he
sold the clams was unaware they
were from an uncertified beach,
the $1.50 price per pound that the
wholesaler paid cannot be used as
evidence of market value," Judge
Conoley wrote. "He contends that
the testimony of Floyd Irvin (an
accomplice who testified against
Longshore), who stated that he
would not buy contaminated
clams at any price, established
their fair market value at zero.
"BUT 'MARKET value' is de-
termined by an objective stan-
dard; it is not based upon the val-
ue of the goods to any particular
person," the judge wrote. She
noted that even the defendant's
witness testified that uncertified
clams have a market value.
The other issue brought to the
appeals court was the ownership
of a natural bed of clams. John-
son, on Longshore's behalf,
claimed a distinction between a
cultivated bed of clams and a nat-
ural one. The defense contention
was that while a cultivated clam
population constitutes personal
property, a natural population
qualifies as ferae naturea, wild
game, and as such is governed by
the public-trust doctrine and com-
mon law regarding wild animals.
"Longshore's argument is not
supported by Washington law,"
Judge Conoley wrote. "He is cor-
rect that clams found on tide-
lands belonging to the state may
be taken, in the absence of a sta-
tutory prohibition, by anyone who
finds them.
"But when the state vests title
to tidelands in a private landown-
er," she said, citing the opinion in
an earlier case, "such investiture
must carry with it the right to ex-
ercise dominion and ownership
over.., things so closely related to
the soil as clams."
"IN WASHINGTON," she
wrote, "the public-trust doctrine
does not encompass the right to
gather clams on private proper-
ty."
"This is a case of statewide sig-
nificance," Burleson said Tues-
day. "It's a major case, a pub-
lished opinion. From a public
standpoint it contains rulings
that involve going onto private
property and stealing clams.
"It indicates that clams, con-
taminated clams stolen off a pri-
vate beach, have a value. They're
not worthless for purposes of
prosecution. And you can steal
clams from a private beach;
they're not like a wild animal,
they're not ferae natures ..
"I'm glad the courts agree with
our position, and more important-
ly, that we now know where
courts fall on this issue," he add-
ed.
Burleson said he has already
received a letter from the Wash-
ington State Attorney General's
office indicating that the ruling
sets "an important precedent on
issues•"
The county was represented in
the appeal by Deputy Prosecutor
Brian St. Pierre.
Concurring judges were J.
Seinfeld and A.C.J. Armstrong.
i III iii I i
You are invited to share
Every Saturday night at 6 p.m.
A Service of Contemporary Worship
(Starting Saturday, September I I)
SPRING ROAD CHAPEL
CHURCH OF GOD
l I 13 E. Shclton Springs Road
Shelton, WA 98584 (360) 427-6998 (Msg)
Contemporary Saturday Service 6 p.m.
Traditional Sunday Service 11 a.m.
Sunday Evening Activities 5 p.m.
Alan Tinnerstet, Pastor (360) 426-7953
II
That'S why we can offer a loan rate as low as
526 W. Cedar
426-9701
www.simpsoncreditunion.com
AT THE CREDIT UNION,
WE AREN'T IN BUSINESS
TO MAKE A PROFIT.
7.25 %,o° new/used autos, boats, and RVs.
100% Financing
Pick Your Payment Terms
Skip-A-Payment Once A Year
Quick & Easy Approval
All this for a new or used
purchase or a refinance from
another financial institution.
Plus, no loan processing fees!
Evething the
"other 'financial institutions
can do, your credit union
can do, maybe even better
Anyone 'v'tl.iyj.ZtK
in Shelton, Southside,
or Pioneer school district
is eligible to join
*Annual Percentage Rate may vary but wilt never effect monthly payment. 7.25% 0AC.
J
Thursday, September 2, 1999 - Shelton-Mason County Journal - Page 9
commission roundup:
Scouts donal:e totem pole
t0Thedty°fSheltonis vre arin he had talked with represents-
• _ P g
. receive a 14-foot totem pole be- tives of the Squaxin Island Tribe
g donated to Shelton by Boy
tTroop 126, which built it.
,.Senior Patrol Leader Matt
. told Shelton city commis-
Monday that starting last
r0op members put hundreds
of work into carving the
e Scouts want the pole in
il} lee where people can see it
it won't be harmed.
i, itroo p will take on the re-
lllty of maintaining the
ar totem pole, Hess said. A
'hurl with the names of the
a who worked on the pole,
and their Scoutmaster, will be
pl d next to the pole.
site for the pole,
ted Commissioner Janet
is the McConkey Gar-
north side of the Shel-
library. Other possible
Include Kneeland Park and
Park.
really took on a big
said Mayor Scott Hil-
SUggested the scouts
Development Services
Gary Rhoades and Shel-
rlan Tim Mallory to dis-
of the pole.
,ss, Matt's father, said
EXCELLENT condition, ac-
included, $500. Call 427-
:3ME, 4 bedrooms, wood
it, carport, barn. Hat-
S month. 426-3830.
CRAFT boat, must sell,
for more information, 427-
2-bedroom mobile, carport,
A/C, $550 monthly. 427-
Childcare Center is hiring a
teacher. If inter-
Michelle at 426-1651,
UPPIES and adult dogs.
pig. All free to good
M9/2
parting. Toyota Land
runs good. 427-
Pick up application at
Railroad Avenue,
garage sale. Furniture,
Pythons with cage, 2'
'age, etc. Saturday-Sun-
P.m., Shorecrest, E. 71
for signs. H9/2
Office: Cash-
Range 9. The Ma-
intends to hire a
with benefits. Qualifi-
1.ool diploma, computer
calculator, book-
skills. Ability to com-
the public and other
set forth in the job de-
at the treasurer's of-
411 North 5th,
application to P.O. Box
This will
9, 1999,
please
or 478. M9/2
EXTERIOR, interior.
:ompetitive prices.
Jality Construction
CARLQC033MP.
TRY OUR CUSTOM FROZEN ICE-CREAM
CAKES & LOGS--FOR ANY OCCASION!
District No. 402
grade certified teaching
classified paraeduca-
Substitute teaching
being accepted as
Miller, Personnel,
;helton, WA, 98584,
about the totem pole and they
were happy the scouts had built
it.
The idea for the totem pole
came during a lengthy hike by
the scouts through the Olympic
Mountains. A thunderbird on the
top of the pole represents a leg-
endary figure that guarded the
Olympics.
IN OTHER CITY business,
commissioners:
• Heard from Hilburn that
Shelton City Hall will be closed
next Monday in observance of the
Labor Day holiday. Monday's
commission meetings were re-
scheduled. The commissioners
will meet at 3 and 7 p.m. Tues-
day, September 7.
• Learned from Hilburn that
Ken Stodden, crew leader for the
Shelton Street Department, had
been presented with the Mayor's
High-Fiye Award in recognition of
the work the crew has done on
city streets, particularly the chip
seal layer installed on Eighth
Street adjacent to the Shelton
public library.
• Heard a report from Jeff
Morgan of Cosmopolitan Engi-
VINYL CHAIR with footstool, $35. Dou-
ble bed carved headboard with rails,
$30. Round table with leaf, $45. Sofa
bed $35. All good condition. 427-0483,
evenings. P9/2
SITTER NEEDED for two. Four days per
week, Wednesday thru Saturday. Bor-
deaux district. Call for more informa-
tion, 427-7641, after 8 p.m. or leave
message. $9/2-9
ONE BEDROOM furnished, with moun-
tain views, Hood Canal access with
boat. Also wooded hing trail, on bus-
line, near Union and Alderbrook. PS --
also porch enclosed with bed and
woodstove. $400 monthly with utilities,
deposit. $9/2
GARAGE SALE: Saturday, 9 a.m.-5
p.m., 21 SE Whitener Rd. (Kamilche).
Lots of clothes, soccer cleats and
shorts, snow skis, tires, miscellaneous
dishes and more. O9/2
1992 S-10 Chevy Blazer, 2 WD, V6,
160,000 miles. Very clean, $5,900,
426-7469. F912-9
FOR RENT: Lilliwaup, 2 bedroom witth
half basement (garage/workshop).
$400 monthly, 3-6 month lease, $400
deposit, $200 cleaning deposit. Refer-
ences, 426-3804. P9/2-9
1993 ACCORD EX, low miles, 5-speed,
sunroof, immaculate. ABS, power win-
dows/locks, air, $10,800. (360) 275-
5208. L9/2-23
1997 LEGACY Outback, 5-speed, air,
ABS, power windows/locks, beautiful
car, $16,800 OBO. (360) 275-5208.
L9/2-23
SATURDAY ONLY, 9 a.m.-4:30 p.m.
Lots of stuff. Capitol Hill, 548 E. Birch
St. Y9/2
1-2 BEDROOM apartments. $435, one
bedroom. $475, two bedrooms. Near
hospital. Call 427-6985. No pets. F9/2.
23
MOVING SALE. Part II, 531 N. Finch
Creek Road, Hoodsport. Friday 9 a.m.-
2 p.m.; Saturday, 9 a.m.-4 p•m.; Sun-
day 11 a.m.-?. Nice women's clothing
and shoes, free hide-a-bed, lots of
Christmas and holiday decorations,
lots of other good stuff. More added
every day. F9/2
HORSE TRAILER. Brakes need work.
$800. Call 426-1924. K9/2
PROWLER 26'. Super clean. 1989 trail-
er, $5,950. 426-7611. C9/2-9
BAYLINER "TROPHY," 20', 1993. Must
see. $14,950. 426-7611. C9/2-9
SHELTON MAYOR Scott Hilburn, left, presents Ken
Stodden, crew leader for the Shelton Street Depart-
ment, with the Mayor's High-Five Award for chip seal
layering projects on several city streets.
neering of Tacoma and Rick Est-
veld of Estveld Engineering about
the city's sewage treatment plant.
The plant has been in operation
more than 20 years and because
of the excellent operation and
maintenance at the plant a lot of
the equipment has remained in
use beyond its 15-year design life,
they said.
The engineers are a quarter of
the way through their design
work at the treatment plant. The
top project is addition of an ultra-
violet disinfection system. They
suggested an evaluated bid for-
mat under which calls for bids on
equipment precedes bids for con-
struction.
Commissioners wanted to
know more about that format.
Rhoades was directed to check
with other cities where it has
been used to see how it has
worked.
• HEARD FROM Rhoades
that the downtown handicap
ramp project at a number of
downtown intersections is about
70 percent complete. He said he
hopes the work will be winding
up fairly soon.
As for the Railroad Avenue
paving project on the west end of
the city, Rhodes said the project
will be done before the end of the
year. Problems include failing
asphalt and the need for install-
ing a larger storm water pipe. He
told The Journal he hopes the
paving will be done within the
next several weeks.
• Approved an agreement with
Municipal Court Judge Carrene
Wood through December 31,
2001. The agreement calls for an
annual base salary of $34,000
from July 1 through next Decem-
ber 31, and $38,000 for the year
2000, as well as benefits
Coroner says Bering's
hanging death suicide
Mason Count, Coroner Martha
Reed said Monday that the death
earlier that day of 24-year-old
Charles J. Boring of Shelton was
a suicide.
Reed said Boring died as the
result of a hanging in an aban-
doned garage near his residence
on Johns Prairie Road. His uncle
found him about 6 a.m., she said,
adding that officials surmise Bor-
ing died between 5 and 5:30 a.m.
No Suicide note was found,'the
coroner said.
An autopsy, she said, indicated
the cause of death was cerebral
anoxia.
"It's been a horrendous
month," she said, noting that
Monday's was the third suicide
this month• Two earlier deaths
were the results of gunshot inju-
ries. A fourth death in the county
was a drug overdose, she added.
Fair lists livestock
auction's winners
Late results reported to the
Mason County Fair office list win-
ners at the Mason County 4-H
and Future Farmers of American
market livestock auction.
At the auction, youngsters pre-
sented the critters they raised in
their 4-H and FFA programs.
4-H winners in the event were
Jeff Brown, champion market
steer; Cassie Brehmeyer, cham-
pion market hog; Nathan Willard,
reserve champion market hog;
Theresa Brown, champion market
lamb and Patrick Penoyar, cham-
pion market goat.
FFA winners were Kyle Chap-
lin, champion market hog, and
Kammie Kingman, champion
market lamb.
For dessert on
Labor Day, you
don't need to labor.
N FARMERS MARKET
Local farmers:,,[
We have winter garden bedding
plants, fresh produce: green beans, to-
matoes, squash, cucumbers, potatoes,
carrots and onions. Fresh local honey.
[Local craftsmen:]
Stained glass, didgeridoos, tie dyed
clothing, soaps, glass beads and
jewelry.
IBakery:l
Fresh bread, muffins,
pastries and goodies.
SATURDAYS I0 A.M.-3 P.M.
ST. & FRANKLIN Im the Post Office Park)
Labor Day is Monday,
September 6
O
Ihl a----- IkAlla
At participating
Dairy Queen ® Stores•
We Treat You Righ °
Shelton • 221 North Ist • 426-7277
© AM D.Q. Corp.11995 Deiq¢ Queen =tore,= ere proua sponsors of the Children'| Miracle
® Reg. U.S. Pat. Off., AM D.Q. Corp. Network Telethon, which benefits local hospitals for chil(:lre¢l.
Precedent set, prosecutor says:
Appeals court affirms
clam-theft conviction
Mason County Prosecutor Gary
Burleson says a Washington
Court of Appeals ruling upholding
a 1998 clam-theft conviction here
is an important ruling for the
county and the state.
The Washington Court of Ap-
peals has denied an appeal by
Skokomish resident Timothy
Longshore of his 1998 conviction
on a charge of second-degree
theft.
An opinion penned by Judge
Karen Conoley and filed August
27 finds no validity to Long-
shore's contentions that clams he
took from a privately owned, con-
taminated beach had no market
value. Neither did the appeals
court find that the clams in a nat-
ural bed are ferae naturea, and
thus not the personal property of
the tidelands owner.
Burleson says both the issue of
value and the issue of ownership
will have an impact on future
prosecution in cases of shellfish
theft.
TACOMA ATTORNEY Ste-
phen Gregory Johnson, court-ap-
pointed counsel for the defendant,
moved on Longshore's behalf at
the close of the state's evidence at
trial last year for a directed ver-
dict, claiming the state failed to
prove its case because contami-
nated fish have no value and con-
tending that clams in a natural
bed are not subject to private pos-
session.
The trial judge denied the mo-
tion and the case was submitted
to a jury, which returned a guilty
verdict• Longshore's motion for
arrest of judgment, based on his
argument that clams are not the
personal property of a private
tidelands owner, was also denied.
The appeals court ruled that
the directed verdict could not
have been issued because there
was testimony at trial that there
was a market value, albeit a
"gray market," for uncertified
shellfish. Testimony in the ease
indicated Longshore sold 340
pounds of shellfish for $1.50 a
pound, but the defendant's appeal
claims there was no evidence the
value of the clams he took was
over $250, the legal lower limit
for the crime of theft in the sec-
end degree.
"Longshore argues that be-
cause the wholesaler to whom he
sold the clams was unaware they
were from an uncertified beach,
the $1.50 price per pound that the
wholesaler paid cannot be used as
evidence of market value," Judge
Conoley wrote. "He contends that
the testimony of Floyd Irvin (an
accomplice who testified against
Longshore), who stated that he
would not buy contaminated
clams at any price, established
their fair market value at zero.
"BUT 'MARKET value' is de-
termined by an objective stan-
dard; it is not based upon the val-
ue of the goods to any particular
person," the judge wrote. She
noted that even the defendant's
witness testified that uncertified
clams have a market value.
The other issue brought to the
appeals court was the ownership
of a natural bed of clams. John-
son, on Longshore's behalf,
claimed a distinction between a
cultivated bed of clams and a nat-
ural one. The defense contention
was that while a cultivated clam
population constitutes personal
property, a natural population
qualifies as ferae naturea, wild
game, and as such is governed by
the public-trust doctrine and com-
mon law regarding wild animals.
"Longshore's argument is not
supported by Washington law,"
Judge Conoley wrote. "He is cor-
rect that clams found on tide-
lands belonging to the state may
be taken, in the absence of a sta-
tutory prohibition, by anyone who
finds them.
"But when the state vests title
to tidelands in a private landown-
er," she said, citing the opinion in
an earlier case, "such investiture
must carry with it the right to ex-
ercise dominion and ownership
over.., things so closely related to
the soil as clams."
"IN WASHINGTON," she
wrote, "the public-trust doctrine
does not encompass the right to
gather clams on private proper-
ty."
"This is a case of statewide sig-
nificance," Burleson said Tues-
day. "It's a major case, a pub-
lished opinion. From a public
standpoint it contains rulings
that involve going onto private
property and stealing clams.
"It indicates that clams, con-
taminated clams stolen off a pri-
vate beach, have a value. They're
not worthless for purposes of
prosecution. And you can steal
clams from a private beach;
they're not like a wild animal,
they're not ferae natures ..
"I'm glad the courts agree with
our position, and more important-
ly, that we now know where
courts fall on this issue," he add-
ed.
Burleson said he has already
received a letter from the Wash-
ington State Attorney General's
office indicating that the ruling
sets "an important precedent on
issues•"
The county was represented in
the appeal by Deputy Prosecutor
Brian St. Pierre.
Concurring judges were J.
Seinfeld and A.C.J. Armstrong.
i III iii I i
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Thursday, September 2, 1999 - Shelton-Mason County Journal - Page 9