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Of Border Walls And Immigrating Dogs (49th Parallel Contretemps And Property Rights Alert)
Worldnetdaily.com ^ | 07/14/2007 | Ted Byfield

Posted on 07/13/2007 10:55:17 PM PDT by goldstategop

The insistence of a Washington state couple that they have a right to build a four-foot concrete wall along 80 feet of the 1,270-mile-long U.S.-Canada boundary in the West has cost a U.S. member of the International Joint Commission his job, according to reports appearing last week in the Canadian news media.

If the incident did nothing else, it gave Canadians (prone always to accept the dicta of officialdom) an inkling of how things work on the other side of the border.

Apparently, it all started because Herbert and Shirley Ann Leu of Blaine, Wash., couldn't prevent dogs escaping from their yard. Their property backs on the 49th Parallel, the boundary between Minnesota, North Dakota, Montana, Idaho and Washington state on the American side, and Manitoba, Saskatchewan, Alberta and British Columbia on the Canadian. The dogs were constantly getting over or through their back fence into Surrey, British Columbia.

Now this was a major business concern for Herbert Leu, who makes a living as a canine hairdresser. Whenever a dog got out, Leu technically had to go through Canadian Immigration and Customs to go and find it, then through American Immigration and Customs to bring it back, producing all the necessary paper work on rabies shots etc. while he was at it. The explanation, "The damn dog just jumped the fence into Canada," did not always placate the officers on either side.

So he built a concrete wall that he was satisfied no dog could get through or jump over. Why he didn't use chain link or some less visually obstructive material, news stories did not explain. Maybe he thought concrete would look more aesthetically pleasing to the human eye, or more physically formidable to the canine one. Anyway, that solved the problem.

Solved it, that is, until one day officialdom descended on him. There must be an "unobstructed view" of the boundary from the U.S., the Border Patrol explained, because they have to be able to see what's happening on the other side. What with 9-11 and all that, their security cameras must keep constant vigilance, and can't see through concrete. Take down the wall, Leu was ordered.

(Canadian officials took no interest in the case – first because they have no border patrol, and second because Leu and his wall live in another country. Apart from illegally immigrating dogs, he was not their problem.)

But Herbert Leu became defiant. The wall stays, he declared. The case went to court. Discerning a clear property rights issue, something called the Pacific Legal Foundation came in on his side. So did the U.S. Justice Department, which saw the order to demolish the wall as a property rights violation.

This brought Dennis Schornack into the fight. A self-described veteran Republican from Michigan who gave "blood, sweat and tears" on George W. Bush's presidential campaigns, he was appointed American representative on the International Boundary Commission five years ago, and also is a member of the International Joint Commission, which mediates all matters relating to the Canada-U.S. boundary.

With Peter Sullivan, his Canadian counterpart on the Boundary Commission, Schornack visited the Leus to discuss their wall. What happened at this meeting is a matter of dispute.

According to Schornack, he was diplomacy itself. "I wanted to add a human touch," he said. "I didn't want to be some automaton from Washington. We talked to them, and we tried to explain our position to them and tried to get their cooperation."

Leu has another story: "He was so rude, and so abrupt, standing and telling me he had the power to take the wall down, and if I got a lawyer, he'd win."

Who won was left in no doubt last week when Commissioner Schornack received a letter from the assistant to the U.S. president for presidential personnel. It said his position on both commissions was "terminated effective immediately." But this didn't altogether surprise Scharnack, who blamed the Justice Department for his dismissal. Department personnel see property rights as a vital conservative principle, and have made the wall a case in point. Scharnack sees the wall as a security issue.

Officials at Justice had been pressuring him for two months to back down, he said. "There were 20-some attorneys beating on me, and threatening me, saying, if I don't do this, they would move it up the food chain and get me fired."

Herbert Leu, age 69, had a more concise reaction. "It tickles me to no end," he said, leaning on his wall and gazing serenely into Canada.


TOPICS: Canada; Constitution/Conservatism; Crime/Corruption; Culture/Society; Editorial; Foreign Affairs; Government; News/Current Events; Philosophy; US: Washington
KEYWORDS: 49thparallel; britishcolumbia; canada; gonetothedogs; leu; pacificlegal; propertyrights; schornack; tedbyfield; wa; washingtonstate; worldnetdaily
This is a case about more than just dogs immigrating to Canada from the U.S. Its about an American couple being gutsy enough to build a border wall and see that it stayed up. Americans are sticklers for their property rights. President Bush ended up firing a U.S member of the International Joint Commission over the issue. Things work differently here than in Canada. So dogs don't become illegal alien dogs.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

1 posted on 07/13/2007 10:55:20 PM PDT by goldstategop
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To: goldstategop

It was important that this privately funded wall stay up so that the privately funded walls in Arizona, New Mexico, and Texas would likewise be immune from the whims of politically correct bureaucrats.


2 posted on 07/13/2007 11:00:16 PM PDT by PeterFinn (Build the border fence and build it NOW!!!!!!)
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To: goldstategop

Kudos to Bush for sticking up for property rights. Bureaucrats think that they are kings and we are their slaves...


3 posted on 07/13/2007 11:27:53 PM PDT by winner3000
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To: goldstategop

I wonder if ICE ever considered hiring a 5 foot tall employee to look over the 4 foot high wall.

(Of course, that raises another question - how effective is a 4 ft wall going to be in holding dogs).


4 posted on 07/14/2007 12:07:04 AM PDT by PAR35
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To: goldstategop

The insistence of a Washington state couple that they have a right to build a four-foot concrete wall along 80 feet of the 1,270-mile-long U.S.-Canada boundary

Does anyone know how wide the border is? Isn't this area federal property? Is there any type of easement?

Just asking..

5 posted on 07/14/2007 12:26:15 AM PDT by Sarajevo (You know, of course, this means war" - Bugs Bunny)
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To: PAR35
Maybe they are little dogs. I don’t think my shepherds would see a deterrent there, however.LOL
6 posted on 07/14/2007 12:32:43 AM PDT by freekitty
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To: PAR35

Why couldnt they just have put some cameras on top of the wall? Sounds like a BS excuse to me. That schmuck got a swelled head from having a little power, and immediately moved to falsely get more. Good for Bush for firing that nitwit


7 posted on 07/14/2007 1:10:42 AM PDT by Mr Inviso
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To: goldstategop
Officials at Justice had been pressuring him for two months to back down, he said. "There were 20-some attorneys beating on me, and threatening me, saying, if I don't do this, they would move it up the food chain and get me fired."

Which is exactly what happened - showing that the guy was too stiff-necked.

8 posted on 07/14/2007 4:34:14 AM PDT by ikka
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To: goldstategop; GMMAC; Pikamax; Former Proud Canadian; Alberta's Child; headsonpikes; Ryle; ...

9 posted on 07/14/2007 4:57:29 AM PDT by fanfan ("We don't start fights my friends, but we finish them, and never leave until our work is done."PMSH)
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To: goldstategop
The story doesn’t mention it, but it would also appear that the bureaucrats did not offer to replace the wall with one that would be mutually acceptable. Bureaucrats who get too full of themselves must be replaced, lest the servant forget who must always be master.
10 posted on 07/14/2007 5:28:24 AM PDT by theBuckwheat
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