Photo of Shaddox Cemetery in Newton County, Arkansas

Headstones date back to the 1860’s

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HIGH ALERT for the 3rd Congressional District In Arkansas!  Breaking news story!
 

Shaddox Cemetery located in Newton County Arkansas (near Harrison) has just had something very tragic happen to their still active cemetery. The Shaddox Cemetery Association (SCA) erected a fence over seven years ago in order to protect the grave sites from elk damage. On Monday, September 12, 2016, the fence surrounding the beautifully well-kept, historic, pre-Civil War cemetery was ripped apart intentionally by a private contractor who won a bid from the National Park Service (NPS) — in spite of multiple, official documents posted on the fence warning against the destruction of the fence. Now, the Shaddox Cemetery Association (SCA) board members and local people are stunned into disbelief that such unwarranted demolition of their private property could occur in such a destructive, arrogant spirit by the agents of our own federal government.
 

The National Park Service has done many controversial things through the years which affected local residents, but this has to be the most insensitive and unwarranted yet. Local, peaceful protesters (who know the whole story of the more than seven years of threats and attempts by NPS to “steal” this historic private cemetery) were present and praying at the scene. It is another shameful blight on the history of our federal government of oppression, intrusion, and inexcusable offense against its own citizens whose tax dollars are manipulated to fund their own destruction. NPS should now have to answer to a congressional investigation regarding why they involved themselves in destroying the privately owned fence around the Shaddox cemetery. How will the cemetery association now go about replacing an elk-resistant iron pipe fence that cost them more than $12,000 seven years ago for the purpose of protecting the graves and headstones of the Shaddox Cemetery that is more than 150 years old and still currently being used?
 

Click here for a map to Shaddox Cemetery in Pruitt, Arkansas. The map is from the National Park Service.
 

Picture of Shaddox Cemetery Board Members after fence was torn down

on Monday, September 12th, 2016

To give a bit more history — two years ago on September 19, 2014, Secure Arkansas attended an official meeting at the Shaddox Cemetery pavilion that was conducted by Will Rockefeller from U.S. Senator Boozman’s office. Senator Boozman and his aide, Mr. Rockefeller, had been aware of the battle to keep the cemetery intact and know there could be an administrative solution called a “minor boundary revision” rather than lengthy, risky, and unnecessary legislative procedure for which NPS kept insisting.
 

Then later that same day, Secure Arkansas met with the NPS Superintendent for the Buffalo National River, Kevin Cheri, at the federal building in Harrison, Arkansas. Mr. Cheri stated to us that there had never been elk up there around the cemetery, and therefore the elk were not damaging the graves. Could that have been a misstatement?
 

Here is what Secure Arkansas found, and we are quoting from the NPS site. Kevin Cheri, Superintendent of Buffalo National River Park Service, stated on their website:
 

One hundred and twelve Rocky Mountain elk were introduced to the area in between 1981 and 1985 and the herd has grown to around 450. While not confined to the park, the herd is predominantly found around the upper Buffalo.
 

According to the Shaddox Cemetery Association, the elk were a problem with the grave sites, and this why the fence was erected around the cemetery over seven years ago.
 

Kevin Cheri, NPS Superintendent for the Buffalo National River

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Mr. Cheri of the NPS claims there is less than one-fourth acre disputed. A member of the Shaddox Cemetery board says that is approximately correct, but if the minor boundary adjustment had been made (as was the lawful and sensible solution) making the fence the permanent boundary, then the NPS would have gained 2/10 of an acre MORE above what Shaddox Cemetery Association was giving up in the deal because of the Shaddox land outside the first fence would have then become NPS land. That’s the deal that Boozman asked them to consider and produce a legal written analysis for, but they totally snubbed and ignored his written directive to do so. (He wrote a letter to them in September of 2015 to accept the deal.)

Arlis Jones of the Shaddox Cemetery board has personally spoken many times of the springtime afternoon in 2007 that he arrived at his mother’s grave (Ava “Shaddox” Jones) and found a whole herd (8 cow elk and 1 bull elk) in the cemetery directly on top of his mother’s grave. Mr. Jones said that due to the freshness of her grave and the springtime rainy weather, some of the elk had pawed almost knee deep on her grave. And at other times, elk left their tracks behind after they had pawed the ground and toppled headstones. He explained that this was the final incentive that prompted the cemetery board to raise the funds, work through the red tape and repeated delays of 2 years of trying to get the Park Service to agree where the fence should be located, and finally get the fence built — more than 7 years ago in 2009. AND until two days ago, that fence had protected their beloved cemetery. Now, due to NPS tyranny, that beloved cemetery is unprotected again, until the gentle and kind Shaddox family members can figure out a way to replace it.
 

In talking with members of the Shaddox Cemetery board, we observe a sadness, but a forgiving spirit toward some of those officials who had promised to stand with them but in the end deserted them. In spite of the cemetery board members’ present exhaustion, standing helplessly by for two days watching this callous display of perverted power of federal bureaucrats wreaking havoc on their once peaceful haven of memories of their departed loved ones, they are still demonstrating strength and determination to NOT GIVE IN to defeat! The NPS indication that the NPS will rebuild a fence where they (NPS) claim the new boundary should be (in most places only inches from the just destroyed fence — making this whole affair a terrible waste of taxpayer dollars to tear down and rebuild only a few inches or few feet away the same kind of fence)… BUT, the Shaddox board members say they DO NOT want a federally-financed fence on their property because of the leverage it would give NPS for future intrusion, access question, and control of their cemetery. In other words, if the NPS builds the fence, the Shaddox Cemetery could lose the land to the National Park Service.
 

It appears to Secure Arkansas that the federal government is once again making an attempt to flex their power and close or take this particular cemetery in which some of our friends and loved ones are buried. Numerous other cemeteries that are inside the Park boundaries have already been closed off by NPS amidst much controversy through the years that did not have enough loved ones to defend themselves as the Shaddox folks have so valiantly done for all these years. Tearing down their fence now, they believe, is just another step toward the NPS’s ongoing efforts to acquire their cherished 2.7 acre sacred burial grounds of many generations. WHY? We believe it is because it is close to the Buffalo National River, and the National Park Service (NPS) wants to own and control all the land around there — snatching up every inch of soil within their vast 95,000 acres of federal territory! Remember, the U.N. Agenda 21 Sustainable Development goal is: “No human footprint”. The National Park Service is celebrating their 100th anniversary this year, and it looks like they are salivating over our beloved Buffalo River and all the area around it!
 

The federal government uses EPA regulations to define “navigable waters” even to the tiniest stream and puddle on your property. Secure Arkansas believes ALL the water in the country is OR will be in the hands of the government! It appears that federal authorities plan to seize our water and land at every opportunity, and when they succeed in isolated cases like the Shaddox Cemetery with no public response and outcry, that means the enemies of our historic American freedoms and right to own property are increasingly jeopardized.
 

A bit more history about the Shaddox Cemetery – back in 1984, Alex Gould, the past superintendent of NPS, wrote a handwritten note to a Bill Bromhall that says, “In my judgement, we should not seek to acquire the Shaddox Cemetery unless something goes on to adversely impact the park. At present there are no problems with the cemetery. Also, there would possibly be negative reaction by a few local people if we sought to acquire the cemetery now. Also, our land protection plan says we will not acquire it.” (You may read it for yourself below.) Looks like this shows their intent to eventually acquire the the cemetery land!
 

Shaddox board members will NOT sign any kind of agreement with the Park, as NPS has tried for years to get them to do, because of how they see our local governments’ agreements with the federal government has compromised its power to protect and defend the people, they do not want to fall into the same trap and jeopardize the future ownership of their cemetery.
 

As to how they intend to replace the fence themselves, at this point they are not sure, as the just-removed fence has been damaged beyond repair and is now held on federal territory, so is not even available to them for selling as scrap metal. They contend that NPS is now guilty of theft of private property, and it is the duty of local law enforcement to retrieve it for them, as they have no intention of being baited by NPS to go onto federal territory to retrieve it. It took them some considerable time and effort to collect financial resources to build the first fence, but they are determined to do so as soon as possible, due to their experiences prior to the first fence, with the extensive and constant damage of the elk to the graves and headstones. Since the elk “belong” to the Game & Fish Commission, would it not seem appropriate for the governor to devise some kind of temporary guarding of the cemetery until SCA can raise the funds to rebuild their fence again?? If you agree, we suggest that you call Governor Asa Hutchinson’s office at 501-683-6402 and talk to a lady named Brenda about it.
 

Or maybe the Newton County Sheriff’s office should also be involved in providing that temporary protection. Sheriff Slape’s number in Jasper is 870-446-5124. Our constitutional officials need to hear from the public about this matter. It’s the Shaddox Cemetery folks today, but tomorrow it could be YOU. When will we rightly answer the eternal question: “Am I my brother’s keeper?” ?

Thanks for what you can do. The Shaddox folks who have heroically and valiantly withstood federal harassment for many years need to know and be encouraged that there are more with us than with the enemies of their ownership of their private property. (You can email them a message of encouragement at: [email protected]) We are all the losers when even one inch of ground is lost to the regional, socialistic mania that is engulfing our beloved American nation.
 

We have all seen how the federal government (especially the Bureau of Land Management or BLM) bullies people. Besides the land in the west, the BLM has set their sights on Texas and the Red River… so Texas is concerned about 90,000 acres along the Texas/Oklahoma boundary. (We will try to cover this in another article in the near future.)
 

Look at the map below — it’s a simulated version of what the United Nations desires to implement in order to attain Sustainable Development. This map was used in the U.S. Senate to stop the ratification of the United Nations Convention on Biological Diversity… BUT Obama with all of his executive orders have ignored the will of the people and has gone forward with Sustainable Development, also known as U.N. Agenda 21 and Agenda 2030.
 

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And remember the White River Watershed National Blueway in which our state was in danger of a huge federal land grab just a few years ago? (Click here to read one of our past articles about it.) One of their short term goals for the Blueway was:
 

“Recruit the National Park Service and USDA Forest Service, and institutions of higher education in both states (Missouri and Arkansas) into the Blueway’s managing body”

(See this article for more info.)
 

The term back in the early 1990’s was Biosphere. The Buffalo River area was to be turned into a biosphere and managed by only a certain chosen few. If the NPS can get away with a minor land grab and tearing down fences or bridges and/or limiting road access, then they could gain a foothold in other places. Any area, private or county land located around the Buffalo National River is in danger of a federal land grab!
 

This leads to the question: what are the LAWS regarding Arkansas cemeteries?
 

From the hyperlink shown below: “Below is a document of current Arkansas cemetery laws. The Arkansas Historic Preservation Program does not enforce cemetery laws. You should contact your attorney or county and municipal law enforcement officials if you are in need of legal assistance.”
 

“You may download the full-text of Arkansas state laws related to cemeteries and grave sites using the link or access specific laws using the table of contents listed below.”
 

Arkansas Cemetery Laws (279 KB)
 

Anyone, or any corporation, that knowingly digs up and removes, defaces or injures and artifact or archeological site is a guilty of a Class D felony for the first offense and a Class C felony for subsequent offenses if the value of the artifacts excavated or the cost to restore or repair the damage is greater than $1000. If the value of the artifact or the cost to restore or repair the damage is less than $1000, the person is committing a Class B misdemeanor for the first offense and a Class A misdemeanor for subsequent offenses.

(§13-6-308. Vandalism of archeological sites and artifacts—Penalty)

5-39-212. Cemeteries — Access — Debris — Disturbance.

(3) Nothing in this section prohibits the placement of a fence around any cemetery for the purpose of defining a boundary or protection of a grave site, if any fence or gate is sufficiently maintained.
 

The Archaeological Resources Protection Act of 1979 (ARPA) 
 

Section 4 of the statute and Sections 16.5-16.12 of the uniform regulations describe the requirements that must be met before Federal authorities can issue a permit to excavate or remove any archeological resource on Federal or Indian lands. The curation requirements of artifacts, other materials excavated or removed, and the records related to the artifacts and materials are described in Section 5 of the act. This section also authorizes the Secretary of the Interior to issue regulations describing in more detail the requirements regarding these collections. These regulations, which affect all Federally owned or administered archeological collections, were issued in 1990 as 36 CFR 79.
 

QUESTIONS THAT NEED TO BE ANSWERED:

1. Where was the legally required advertisement for bids by the NPS?

2. Where was the local Sheriff Keith Slape? Secure Arkansas was informed by some residents that the Sheriff’s office was stating that there was a court order and that his hands were tied, but NPS Superintendent Kevin Cheri said there was no court order! Why did Sheriff’s office tell such a fabrication to the local people? The County Sheriff is supposed to have the power to back off the Feds*. It was our understanding that the Sheriff had told the board that he would stand with them, but on the day of the wreckage, he could not be found! Locals need to understand this Sheriff will more than likely abandon them again when it comes to the federal government coming in the area. Could this be a sign of how it is going to be? We all need to consider the next Sheriff’s race and vote in someone who can be trusted!
    

Any Federal officer, agent, or employee, regardless of supposed congressional authorization, is required to obey and observe limitations consisting of the enumerated powers as detailed within Article 1 Section 8 of the U S Constitution and the Bill Of Rights. “The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.” (10th amendment) No agency established by the U.S. Congress can develop its own policies or regulations which supersede the Bill of Rights or the Constitution, nor does the executive branch have the power to make law, overturn law or set aside law.
 

“The Sheriff is the “Chief Executive and Administrative Officer” of a county chosen by popular election. His principal duties are in aid of the criminal and civil courts of record [common law courts]; such as serving process, summoning juries, executing judgments, holding judicial sales and the like. He is also the chief conservator of the peace within his territorial jurisdiction.”  Harston v. Langston, Tex.Civ. App., 292 S.W. 648, 650.
 

“All laws, rules and practices which are repugnant to the Constitution are null and void.” Marbury v. Madison, 5th US (2 Cranch) 137, 180
 

“Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” Miranda v. Arizona, 384 U.S. 436, 491
 

Included in our rights is the ability to submit Freedom of Information Act requests for government documentation. An (FOIA) Request was made of Midwest Region FOIA Office in Oklahoma for the following:  the NPS work order and the procedures made by NPS to remove the fence around the Shaddox Cemetery in the Buffalo National River area in Newton County, Arkansas. Also, a request was made to include the bid process made and the contractor selection method.
 

This information below about corporation names and filing types was taken from the Arkansas Secretary of State’s Office, and it references some of the private contractors who were involved with the bidding for the contract from NPS on the Shaddox Cemetery fence removal debacle. (How can a bidder for a contract be awarded to a company not current? Is it because their standing with the state of Arkansas is not current? How did Liberty Hill Construction and Development located in Wesley, Arkansas get the nasty job of removing the cemetery fence? Was Liberty Hill sub-contracted by Orson Weems? Obviously, this needs a little more investigation.)
 

Secure Arkansas talked directly to Kelly Lindsey, owner of Liberty Hill Construction on September 13, 2016, and asked him if Orson Weems had sub-contracted him to do this job. Mr. Lindsey said he would not answer that question for us! He also said that due to the hurt feelings from the people present, he would not answer that question. He added that the Park Service had done their walkthrough and said that they were well satisfied with the job he had done. Secure Arkansas also heard Kelly Lindsey is a minister. What have we stumbled onto?
 

Something seems to be fishy here. We were told that Liberty Hill Contracting & Development could have been the subcontractor for removing the fence at the Shaddox Cemetery, and it appears that Orson Weems is involved, also. How can this be, when his corporation filings with the Arkansas Secretary of State are no longer active? Once again, this needs further investigation…
 

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Found additional information on Orson Weems, see below.

Arkansas Department of Education

Charter School: Academic Leadership Academy School of Health

Orson Weems Position: Board Member State of Residence: Little Rock, AR

105-page Arkansas Dept of Education Open Enrollment Public Charter School New Application 2012
 

University of Arkansas Walton College Fayetteville

Diversity and Inclusion Corporate Advisory Board Members

• Orson Weems – Land Improvement Company, Inc.

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In conclusion, Secure Arkansas applauds the faithful efforts of the Shaddox Cemetery board to withstand this years-long federal intrusion and harassment into their private lives that has cost them countless hours of document research and communications with local, state, and federal government officials — many of whom stood with them strongly in the beginning of the conflict… but one-by-one have forsaken and deserted their noble cause. Was it fear, or cowardice, or loving their government paycheck and position more than their heritage of American principle of our forefathers who sacrificed their lives, their fortunes, and their sacred honor to defend and protect the liberty and freedom that we inherited?!
 

The Shaddox Cemetery Association continues to insist — and Secure Arkansas agrees — that our U.S. Senators and Representatives should conduct a congressional field hearing at the pavilion of the Shaddox Cemetery to see first-hand the unconscionable overreach and heavy-handedness of the NPS in this matter and deal with these bureaucrats for ignoring Senator Boozman’s directive to officially study/consider the “minor boundary revision” solution to the situation as is provided by the enabling legislation of the Buffalo National River. You can see “Minor Boundary Revisions” mentioned in Congressional Research Document RL34273 entitled “Federal Land Ownership: Acquisition and Disposal Authorities”.
 

**You may contact U.S. Senator Boozman in Washington D.C. at (202) 224-4843 and/or in Little Rock at (501) 372-7153 to voice your insistence that a congressional field hearing be held for this matter.
 

**Contact U.S. Representative Steve Womack in Washington D.C. at (202) 224-4301 and/or in Rogers at (479) 464-0446.
 

Again, we also suggest that you call the governor’s office at 501-683-6402 and talk to a lady named Brenda about it – tell her that there needs to be a congressional field hearing about the Shaddox Cemetery.
 

May the dead rest in peace?
Will Arkansas Governor Asa Hutchinson get involved for the sake of the dead?
And what about Senator Boozman and Representative Womack?
Or will they just idly sit by and watch as this cemetery is desecrated?
Why should this cemetery (or any other) be deprived of its sacred character?

As always, you can find our email articles posted on our website: SecureArkansas.com.  The Search box is a handy tool.  

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Securing the blessings of liberty,

Secure Arkansas
securetherepublic.com/arkansas
[email protected]

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