9145 Lawrence Steiner Rd. Theodore, Al. 36582 October 23, 2003 Governor Bob Riley State Capital 600 Dexter Avenue, Room N-104 Montgomery, Al. 36130 Subject: Exxon/Mobile, LNG Plant Dear Governor Bob Riley: No person, corporation, agency of any State or of the United States can take any action that will subject any citizen to the depravation or restriction of any civil right. To sell the Theodore Home Port to Exxon/Mobil for the purpose of building and operating an LNG plant would do just that. The whole LNG operation would subject U.S. citizens to denial of full access to the navigable waters of Mobile Bay and Alabama Territorial waters of the Gulf of Mexico in order to accommodate LNG ships under foreign flag. Regardless if it’s for two hours and two miles for two days a week, or forever … it’s illegal. Section 24 of the1901 ALABAMA STATE CONSTITUTION states in part: “That all navigable waters shall remain forever public highways, free to the citizens of the state and the United States” … That’s a CIVIL RIGHT! Section 36 of the 1901 ALABAMA STATE CONSTITUTION states: “That this enumeration” (Sec. 24 above included) “of certain rights shall not impair or deny others retained by the people: and to guard against any encroachments on the rights herein retained, we declare that everything in this Declaration of Rights is excepted out of the general powers of government, and shall forever remain inviolate.” Article IV, Section 2, Clause 1 of the UNITED STATES CONSTITUTION states: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” That makes the above Sec. 24 of the Alabama State Constitution a U. S. civil right! United States Code Title 42, Chapter 21, Subchapter I, Sec. 1983 – Civil action for deprivation of rights States in part: “Every person, who under color of any stature, ordinance, regulation, custom or usage of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction there of to the depravation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other redress”. Sec. 1985 - Conspiracy to interfere with civil rights Paragraph (3) of the above section states in part: If two or more persons in any state conspire for the purpose of depriving “either directly or indirectly” any person or class of persons whereby another is deprived of having any right or privilege of a citizen of the United States, the party so deprived may have an action for the recovery of damages occasioned by such depravation, against any one or more of the conspirators. Sec. 1986 – Action for neglect to prevent States in part: “Every person who, having knowledge of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action” Respectfully John C. "Joe" Wacker III