Saturday, February 07, 2004

DIAMOND BAR CATTLE COMPANY--CATRON COUNTY SHERIFF

Catron County Sheriff's Department
PO Box 467
Reserve, New Mexico
Pho: 505-533-6222
Fax: 505-533-6722

DATE: February 4, 2004

TO: Federal Employees, Federal Contracted Employees, State Officials and
County Officials

FROM: John Cliff Snyder
CATRON COUNTY SHERIFF

SUBJECT: Diamond Bar Cattle Company vs. U.S.
Federal Case # 96 437 WJ/LFS

As the elected Sheriff of Catron County, I am sworn to defend the Constitution of the United States and Laws of the State of New Mexico.

As all are aware, the US Forest Service is set to begin gathering cattle from the Diamond Bar on February 7, 2004. I am not disputing the fact that the Forest Service has a valid court order to remove the cattle from Forest Service lands. I do not have the power vested in me to determine, if indeed, they are Forest Service lands. I believe that is left to the courts.

I believe, where the problem lies is the shipping of cattle after they are gathered. Under NM Statute 77-9-1 through 77-9-63, the laws governing the possession, hauling and selling of livestock are spelled out.

The laws of most interest to me are: 77-9-19-23; 77-9-45-48 and 77-0-31.

These cattle cannot be shipped and sold without being in direct violation of NM Statute.

As I see this situation, the Federal Government is asking me to ignore my duty under state law. I believe this puts me, my department and the County in a position to be liable under State law. The Federal Government will walk away when they are finished, leaving me to face the liability alone.

I cannot, in good conscience, ignore my oath of office or the liability to my county. I intend to enforce the State Livestock laws in my county. I will not allow anyone, in violation of State Law, to ship Diamond Bar Cattle out of my county.

I have reproduced the above from a fax I received upon returning from Santa Fe. The emphasis on the last sentence is from the original. The Sheriff's memo was copied to various Federal, State and County officials. I have been told the Forest Service has told several officials the memo from the Sheriff has put further actions on hold. It has also been talked around that the NM Livestock Board has requested an official opinion from Patsy Madrid, the NM Attorney General. If that is the case, we will all await her legal opinion.

We should all thank Sheriff Snyder for his correct and courageous action. Too many times the Feds either hornswoggle or bully locally elected officials. Apparently that doesn't work with Sheriff Snyder.

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