Notice: Undefined index: HTTP_REFERER in /home/stparch/public_html/headmid_temp_main.php on line 4394
Newspaper Archive of
Shelton Mason County Journal
Shelton, Washington
September 2, 1999     Shelton Mason County Journal
PAGE 9     (9 of 36 available)        PREVIOUS     NEXT      Jumbo Image    Save To Scrapbook    Set Notifiers    PDF    JPG
 
PAGE 9     (9 of 36 available)        PREVIOUS     NEXT      Jumbo Image    Save To Scrapbook    Set Notifiers    PDF    JPG
September 2, 1999
 
Newspaper Archive of Shelton Mason County Journal produced by SmallTownPapers, Inc.
Website © 2025. All content copyrighted. Copyright Information
Terms Of Use | Privacy Policy | Request Content Removal | About / FAQ | Get Acrobat Reader




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 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