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Show excavations (of human remains) on state and private lands. In so noting, this magistrate does not intend to condone the practice of ‘pot hunting,’ only to point out that the Utah Legislature has had several opportunities to expressly forbid such conduct throughout Utah and has consistently declined to do so." The trial is scheduled to begin on April 12, 1999. THE TRAM...AFTER ALL If you live here, you’ve already heard the news; Emmett May is proceeding with construction of the Portal chair lift. Survey crews are out there right now and, according to May, he hopes to have the tram up and operating by next March 15. No editorial comment needed here. Except perhaps a heavy sigh. GRAVE ROBBING IN SAN JUAN COUNTY (continued) Last year, Dr. and Mrs. James Redd were charged with desecrating the remains of a dead human body when they were spotted digging in an Anasazi midden on state-owned land in San Juan County. Native Americans of a thousand years ago buried their dead in these refuse mounds and modern-day pot hunters know that valuable pots and artifacts can THE STORY OF HERB RINGTAIL And now a human interest...no...make that a ringtail interest story. And with a happy ending. A few weeks ago overnight guests at Moab’s Hotel Off Center were awakened in the middle of the night by a strange creature climbing the walls (almost) of their room. They, flipped on the light and saw a furry little critter darting from one side of the room also be found nearby. But 7th District Court Judge Lyle Anderson threw out the charge claiming the law that prohibits the abuse and desecration of a corpse does not apply to prehistoric human bones. The Utah Attorney General’s Office appealed the dismissal but Anderson’s decision was upheld by the state appellate court. Well...sort of. The appellate court agreed with Anderson but fora different reason. The court claimed that prosecutors had never proven the bones allegedly dug up by the Redds were deliberately placed at the site. Was it a burial? Or had someone simply died at that spot hundreds of years ago? On October 8, Grand County Attorney Bill Benge was back in court and attempted to to the other, in an absolute panic. The startled humans opened the door and the animal scurried into the hall, and down to the hotel office. He didn’t check in. It was a ringtail cat and he stayed for three days at the Hotel Off Center and never paid his bill. According to owner Tim Knouff, the animal, who came to be known as Herb Ringtail (after the Zephyr’s own Herb Ringer), apparently got in the basement and could never find his way out. So he made himself at home. True to his nocturnal roots, Herb was nowhere to be seen during the day but faithfully returned to the Knouff’s kitchen each evening in search of grub. establish to the court’s satisfaction that the site desecrated by the Redds was, in fact, an ancient burial ground. Leigh Kuwanwisiwma, director of the Hopi Tribe’s Cultural Preservation Office, explained to the court that modern Pueblos still use middens as burial grounds. Just as they did centuries ago. According to a story in the Salt Lake Tribune by Christopher Smith, the attorney for the - Redds argued that the site could not have been a midden because there were no funeral objects found at the digging site. The defendants’ attorney Rod Snow said, "they have nothing that shows this was a grave, no grave goods, just a rib bone sticking out of a hole and some bones scattered around." Prosecutor Benge countered that the reason no grave artifacts were found was only because the Redds had already looted them. An interesting exchange followed between Benge and Judge Anderson: Said Benge: "Your honor, we don’t have anybody here from 800 years ago who was at this funeral...These customs are only now being understood by us. The people and courts of this country should give the same respect to the remains of Native American ancestors as we afford our European ancestors." But Anderson was not convinced. "If I’ve got a (burial) site on my private land and I want to dig there and see what's in it, you’re saying I’m subject to prosecution? Do you think this is really what the legislature intended when they passed this law?" "I hope so," replied Benge. On October 26, Judge Anderson bound Dr. and Mrs. Redd over for trial on a felony count that the couple disinterred a buried dead body without a court order. He also charged the Redds with trespassing on state lands, a misdemeanor. But he threw out Herb Ringtail in temporary captivity at the Hotel Off Center The Knouffs considered just letting Herb make himself at home. After all, there is always room for one more hungry mouth at the noontime baloney sandwich table. But ultimately it seemed best for Herb himself if he returned to the wilds. With a live trap supplied by animal control, Herb found himself temporarily imprisoned when the smell of hamburger was more than he could endure. But his confinement was short-lived. Within an hour of his capture, Herb was released into the wilds of the Scott Matheson Preserve another felony count, that they removed, concealed or destroyed a dead body or parts, or and was last seen up a tree with a quizzical look that seemed to say, "What was that all failed to report finding a body. about?" While Anderson allowed the one felony charge to stand, he was hardly enthusiastic with his own decision. In his ‘opinion, Anderson wrote, "This magistrate does not believe Now who says this publication never offers "heartwarming" stories? the Legislature intended to prohibit and impose penalties for virtually all unauthorized nats a eS Robert Soldat HC 64 Box 2510 Castle Valley, UT 84532 (435) 259-7638 WEST VELL f f AN OCCASIONAL PUBLICATION OF DUBIOUS HUMOR, WEAK WIT, SORRY SATIRE, INFREQUENT NEWS AND COMMENTARY; COMING TO YOU FROM THE BEAUTIFUL LITTLE VILLAGE OF WEST YELLOWSTONE. WE LOVE IT HERE AND WISH TO SHARE THE JOY !! -Rave Reviews From Our Readers « ¢ Scattered, Irreverent, + Ultra Right, ¢ Cantankerous, « Demented Left, _ S\ ¢ Ss...¢ li es ary, Copy Compliment Send Your Mailing Address To: «~ « Beyond The Pall, ¢ « Seldom Centered, Around The Bend, Politically Incorrect, lf you need to supply water beyond the reach of power lines, then solar power can solve the problem. Well and surface pumps: 500 to 30,000 gallons a day. 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