1275 lines
72 KiB
Plaintext
1275 lines
72 KiB
Plaintext
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Welcome to the fifth installment of the Frog Farm! Due to the lack of
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activity here (as well as my lack of receiving any new mailings via
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snailmail), I've decided to dig out excerpts from a few older pieces
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I have lying around. As always, feedback is welcomed.
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This issue contains the following pieces:
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1) Rescinding and Rejecting Social Security w/Marion and Roger Elvick
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2) Information on George Gordon's School of Common Law
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3) An Example of a Constructive Notice
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4) Sample Response to Administrative Summons
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5) Another "Fireside Chat" with yr obd't svt the moderator
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**
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[This piece is part 1 of 4; I'll be posting the rest of the segments
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in order in issues to come. The 'Roger' who comments extensively in
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parantheses is most likely Roger Elvick, who co-founded Barrister's
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Inne School of Common Law with George Gordon in Boise, Idaho in the
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early 1980's, and went on to found the Nitty Gritty Law School. Roger
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is currently undergoing 'diesel therapy'; i.e., being shuttled around
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from prison to prison. From what I have been able to gather, the gist
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of it is as follows:
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Roger and George found Barrister's Inne. This teaches how to deny
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improper jurisdiction of others over yourself -- the idea is to deny
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all jurisdictions other than the common law. This includes equity,
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admiralty, maritime, etc. For example, commercial paper (i.e., anything
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but lawful money, that is, gold and silver of fixed weights and purities)
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falls under equity; common law deals with substance.
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Roger goes on to found Nitty Gritty. Here, he explored the concept of
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entering into equity, WHILE STILL RETAINING RIGHTS AT LAW. Using UCC
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1-207 is an example of this.
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This is where my information gets hazy. But if I have the pieces together
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right, the reason Roger is a POW is that he discovered how to play by
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their rules too well. How to use the same rules that the banks, other
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financial institutions and large companies use in a futile effort to
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create something out of nothing -- how to do the same thing that the
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unlawful Federal Reserve does every single day and has since 1913. The
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power to issue credit.
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Who wouldn't be scared out of their wits at the idea of somebody being
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able to write their own ticket, 100% legally? (Remember the distinction
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between "legal" and "lawful"?) The folks who follow the common law just
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want to be left alone, more often than not. But this fellow was butting
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heads with the big boys, on their own turf -- the world of imaginary
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wealth -- and a turf they viewed as their own to such an extent that they
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would steamroll over any outside who dared to profane it.
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Or maybe I'm just letting my imagination run away with me.
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As always, Share and Enjoy...]
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(I tried contacting the person who wrote this but was told
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that that was a wrong phone number and that there was no one with
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that name listed.. I will say that the first name is Marion.
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Roger)
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(Since I am not in a position to get out and fight in
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the courts myself, I try to make this information available to as
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many people as possible and as cheaply as possible. I have never
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yet had any one complain,at least to me, that they have not got
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their money's worth of material when they wrote to me. What I do
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wish is that they would write back and tell me how they used the
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material and how successful they were.)
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Affidavit of Status
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The presumption that everyone is subject to law merchant, or
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mercantile equity or commercial equity, and are operating in
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limited liability for debt is not true.
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(Comment,Roger. I would say that this is partially true and partially
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not true. If you have entered into any contract where all the details of
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the contract have not been fully given, then you of course are not bound
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by the terms of the contract. Neither can your public servants in state
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government or Congress vote you into a contract. I would say that you are
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operating in limited liability, but, a note is payment if both parties agree
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that it is payment. It is legal to tender the note but it does not have to be
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accepted. The "paying" of debts with notes is a privilege granted to you by
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the federal government, a privilege that can be revoked at any time. 4 Nev.
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Rep. Linn v Minor. But we weren't told this were we? How can our public
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servants grant us privileges when it was the people who granted them the
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privilege of representing us. The power of representation is not a right, it
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is a privilege granted to them by the people who voted for them. This, the
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U.S.A., being a Republic, if you didn't vote for them then they don't represent
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you. The best definition I have ever seen in regards to a Republican form of
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government is that it is that form of government in which the laws we accept
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are self imposed)) It is my opinion that if a law is not voted on by the
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people then the law is only declatory and not mandatory. Our representatives
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cannot, under the freedom to contract, vote us into a contract without telling
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us and without our approval )
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How does this affect the status of a citizen, the free natural man, in
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court? Due to the economic situation, it is assumed that all persons operate
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on credit and that the common law is nowhere applicable. All are assumed to
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be "merchants in equity", and thereby governed by the "general commercial
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law."
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(Comment,Roger. The law does not operate on assumptions)
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These natural persons are by all intents and purposes merchants and
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traders at law on a cash basis.
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(Comment,Roger. He who deals in negotiable instruments is a merchant at
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law----but are Fed. notes negotiable----not according to state law.---The
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Uniform Commercial Code--and federal courts are bound to use state law
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when not contradictory to the U.S.Constitution. Also, in order for the
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notes to be currency they must be "current", that is "redeemable". This
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is a good place to start with an Information in the Nature of a Quo Warranto
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because the feds have "abandoned" the contract,i.e. 12 USC 411- Notes to be
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redeemable)
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These natural persons are by all intents and purposes merchants and
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traders at law on a cash basis, without recourse to such standard lawful
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money, and enjoys no privilege of limited liability for the payment of
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debts.
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(Comment,Roger.In the book, The Federal Reserve Bank:Its Purposes and
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Functions, 1939 ed. the only thing listed as "cash" is coin. Also, all
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the coin used today is against the law as it is against the law to
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charge over 50% seigniorage and the feds admit that the coins are only
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"tokens"---this being the definition of a common law cheat or cheating at the
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common law, such as using false weights and measures or "devices" to deceive)
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We deny all jurisdiction of mercantile equity brought on by HJR 192 of
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June 5, 1933, expressly law merchant, Roman Civil Law, and admiralty law, and
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demand all of our rights at the Common law.
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(1) We do not have a bank account.
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((Comment,Roger. Years ago, people used to deposit their gold and silver
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coin in the banks. When they wanted some back it was legal for the bank to
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"tender" fed. notes. When you deposited your "silver" in the bank a debt
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was created. The bank owed you.The bank "tendered" you fed notes and you
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accepted, thus the banks liability to give silver was "discharged". However,
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if one discovered later that the notes were no good, the note being a
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"chose in action" or, "something to be sued upon", the person receiving the
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note from the bank had an action against the bank for the sum of money
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deposited., or for the amount of the note. As long as I have my bank account
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then I have a pending action against the bank, so I am not sure if I want
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to give up any bank accounts--and besides---the disclosures were not fully
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given. Consumer Credit Code.))
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2. We do not have any credit cards.
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(Comment,Roger. Why not? When the bank "extends credit" they call the
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Credit Bureau to see how your credit is so it is your credit that is being
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used and not the banks. But the banks claim to extend credit which is false
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advertising and which is in violation of the Fair Trade Laws because you
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don't have equal opportunities and your state legislators have given special
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privileges to their creatures, privileges that even the state does not have
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and that is a no/no.When you get your credit card and use it to the limit and
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find that you can't "perform" on the contract and the bank sues, you submit a
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bill of particulars to find out just what it was that the bank gave you
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because you have the right to give back to the bank the same thing as you
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received and if they cannot identify the thing that you received then you
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cannot give it back, Now can you????)
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3. We are not on the dole system.
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4. We are not franchised or privileged by government.
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(Comment.Roger. In the book on the Constitution that is used by your
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Congressmen,it says in regard to section two of the 14th Amendment, that
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"because of governments coercive power to 'enfranchise' persons, this
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section of the Constitution is nothing more than a historical curiosity."
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Voting is a franchise and if you vote you are exercising your "voting
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franchise". The 14th Amendment extended the "voting franchise" to
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"subjects" of the United States. Before the 14th Amendment only free, white
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men could vote and you had to have a good paying job or own property. It was
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assumed that only those who paid the costs of running the government would
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be the ones who voted for their representatives. After the passage of the
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14th Amendment anyone could vote and they immediately voted away the property
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of the property owners and you had no recourse at law.Everyone was lowered
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down to the same class as "slaves." Everything was turned around
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bassackwards. Voting was a "right" possessed by those who paid the salaries
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of their representatives. The 14th Amendment changed it into a "franchise"
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So never never claim anything under the 14th Amendment, that is if you are
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a free person .If you do then you are exercising a franchise. You must
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distinguish yourself as a free person from one who is a "subject". Hitler
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is often quoted by well intended people as saying that "it will never do to
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have 'subjects' carry arms." What he was referring to is those not of
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German blood. Germans were citizens, Foreigners were "subjects".)
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5. We are not engaged in interstate commerce.
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(Comment,Roger. You are if you make long distance phone calls, send
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telegrams out of state, etc.,)
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Therefore we are not subject to government regulation or the government
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courts of equity.
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(Comment.Roger. Equity means nothing more than fair dealings which
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the patriots don't get very much of)
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We as free and natural persons are entitled to use the basic principles of
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the United States Constitution, that the people as one created for them-
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selves as Americans, a general law and a supreme law,binding upon every
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government official in the Untied States, both state and federal. It is the
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birthright of every natural person who is a sovereign of these United States,
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never to be abrogated, repudiated, diminished, or "suspended by the government
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offices it created, or by any other office created, or by any other office
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created under "commercial law."
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(Comment,Roger. Your "birthright"was "diminished"by the 14th Amendment when
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the voting "franchise" was extended to "subjects". Why do you think that
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just as soon as someone enters this country, they are signed up to vote?
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We have a democracy don't we? At least that is what we are told. In a
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democracy the majority rules. If the majority are "subjects", and if the
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newspapers and your public servants can convince enough people that the
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United States is a democracy, then what chance does the "freeperson" have?)
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Law of the Land. The general misconception is that any statute passed
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by legislators bearing the appearance of law constitutes the law of the land.
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The U.S. Constitution is the supreme law of the land, and any statute, to
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be valid must be in agreement. It is impossible for both the Constitution
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and a law violating it to be valid. One must prevail. This is succinctly
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stated as follows: "The general rule is that an unconstitutional statute,
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though having the form and name of law, is in reality no law, but is wholly
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void, and ineffective for any purpose: since unconstitutionality dates from
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the time of its enactment, and not merely from the date of the decision so
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branding it. An unconstitutional law, in legal contemplation, is as inoperative
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as if it had never been passed. Such a statute leaves the question that it
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purports to settle just as it would be had the statute not been enacted.
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Since an unconstitutional law is void, the general principles follow that it
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imposes no duties, confers no rights, creates no office, bestows no power or
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authority on anyone, affords no protection, and justifies no acts performed
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under it.. A void act cannot be legally consistent with a valid one. An
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unconstitutional law cannot operate to supersede any existing valid law.
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Indeed,insofar as a statute runs counter to the fundamental law of the land it
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is superseded thereby. No one is bound to obey an unconstitutional law and
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no courts are bound to enforce it."16 Am.Jur.2nd, p. 177
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Department of Health and Human Services.
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Social Security Administration etc.
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Attention of person in management position of this agency and/or other
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government agency,etc.,. The purpose of this letter is to inform you of my
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status and demand that you, your agency or any other government agency, no
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longer have any control over my property withheld from my wages in the form
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of social security deductions converting it to the use of another.
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(Comment Roger. This is what the 14th Amendment did. It gave non property
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owners the "privilege" of voting away your property I receive disability
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compensation from the V.A. I should not be allowed to vote because I will
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vote for the Congressman who promises to increase my disability
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compensation.(I don't vote) if this is to be a free Nation then it is
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the people who "pay" my compensation who should decide how much I get.
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But the way things are today...)
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This letter will inform you of the basis of my demand as a free and natural
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sovereign. I am sending a copy of one of the documents which was included in
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the package by certified mail, return receipt requested. I suggest you give
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this your undivided attention.
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(Comment,Roger. Anyone doing this should send a notice of disclaimer to all
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government agencies disclaiming any and all pretended services they allege
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to provide you through buying and selling of "your" share of government bonds
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or indebtedness and you had better notify all voters that they do not have
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your permission and consent to use your property as collateral for "their"
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bond issues. If they use your property as collateral for bond issues then your
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property is vested with a public interest, this is why the officials in
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Providence R.I. can tell a certain man I know of to paint the eves of his
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house or they will put him in jail. His property is vested with a public
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interest, he must keep it in repair so that the debt will be secured. What
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would secure all this debt if everyone would tear down their houses and live
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in tents? The bankers might go crazy.)
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In the History of the United States of America, there is probably no
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more dramatic demonstration of deliberately designed misinformation then the
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literature put out by the Social Security Administration. One need go no
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further than three (3) decisions handed down by the U.S.Supreme court, two
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in 1937 and one in 1960, to realize what blatant deception the current Social
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Security literature contains. These three cases are: Stewart Machine Co v
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Davis 301 US 548 (1937), Helvering v Davis, 301 US 619 (1937) and Fleming
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v Nestor, 363 US 603 (1960) These cases enunciate the position of the
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Supreme court on the Social Security Act and the actual legal position of
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those who expect to receive benefits from it. Highlights of these cases are
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as follows:
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1. "The proceeds of both (the employer and the employee) taxes are to be
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paid into the treasury like other internal revenue generally and are not
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earmarked in any way." 301 US619,supra.
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2.The court points out that payroll deductions of American workers are not
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payments on premiums for insurance of any kind, but are simply income
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taxes: "..Eligibility for benefits...(does) not in any true sense depend
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on contributions through the payment of taxes. 363 US 603,supra.
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3. Furthermore, payments made by employers for each of their employees are
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not matching to be credited to the account of the employee, but constitute
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an excise tax on the employer's right (Roger privilege) to do business.
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Consequently, his so called "contributions" go directly into the general fund
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of the treasury and "are not earmarked in any way." 301 US 619 supra.
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4. People participating in Social Security payroll deductions do not
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acquire any property rights or contractual rights through their payments, as
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they would if they were paying on an insurance policy or contributing to an
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annuity plan. Simply put, there are no guarantees! The Congress does have
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power to deny benefits to citizens even though they have paid social security
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taxes. Also, the amount of benefits are at the option of Congress. Fleming v
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Nestor supra.
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5. Benefits granted under social security are therefore not considered
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earned by the worker, but simply constitute a gratuity or gesture of charity.
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As the court stated: "Congress included in the original act, and has
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since retained, a claim expressly reserving to it the right to alter,amend,
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or repeal any provision of the act." Fleming v Nestor supra.
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(Comment.Roger.Same with Federal Reserve Act)
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In effect, Social Security benefits are like pensions to be given or
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withheld at the discretion of congress.
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6. Payroll deductions which a worker pays (a special kind of "income tax")
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do nothing more than qualify him for consideration as a recipient of a
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charitable gift. His payments do not guarantee him anything. They do not
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guarantee the amount to be received, nor the duration of the gift. The
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Congress can alter or abolish the entire process at any time. Justice Hugo
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L. Black dissenting in the Nestor case, stated that the whole S.S.thesis,
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as expounded by the majority of the court, is that the government is giving
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the participating citizen "something for nothing and Congress can stop doing
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so when it pleases". He further stated: "I cannot believe that any private
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insurance in America would be permitted to repudiate its matured contracts
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with its policy holders who have regularly paid all the premiums in reliance
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upon the good faith of the company."Fleming v Nestor,supra,Black
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dissenting. It was only a short time after the Supreme court had revealed
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that social S. funds are; "paid into the treasure like other internal revenue
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generally, and are not earmarked in any way." that the S.S.A. went right
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ahead publishing literature proclaiming that payroll deductions "are strictly
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accounted for and kept separate from the general funds of the U.S.Treasury."
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Quoted by Warren Shore, Social Security: The Fraud in Your Future, The
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MacMillan Co. New York, 1975, p.23.
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Literature from the S.S.A. also continued to talk about its "insurance"
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plan, and the "contributions" which are "pooled" in a "trust fund". All of this
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was deliberately misleading in view of the Supreme court decisions cited above.
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Had a private insurance company so grossly misrepresented its position in
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this manner, its officers probably would have been sent to jail. Ever since
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1935 the S.S.A. has laid such great emphasis on its "trust fund" that the
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average citizen believes his benefits are paid out of this fund. The
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Administration knows this is not true since benefits are paid out of the
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general treasury fund, it therefore refers to its so called trust fund as a
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"reserve of assets" to back up the S.S. program. What this "reserve fund"
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amounts to is simply an accumulation of U.S. bonds which wouldn't pay the
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liabilities of the system even if they were to be cashed in tomorrow.
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Furthermore, a government bond is nothing more than a claim against the
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American people for taxes not yet collected. This is also true of the
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interest which must be paid on the bond. Neither the bond, nor the interest to
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be paid on it constitutes an "asset" in any real sense of the term. For
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a government agency to accumulate a quantity of the government owned bonds,
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and call these a "reserve asset" is like a man writing himself a bundle of
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I.O.U.'s and listing these as assets on his financial statement to the bank.
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People tend to think of a "trust fund" as more or less liquid funds with an
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available cash flow if needed. The S.S.A. has no such funds. A majority of the
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people know this and are commencing to complain.
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(Comment.Roger. What is this writer complaining about. don't the federal
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government have equal powers as banks? Banks list notes as assets and they list
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demand deposits as both an asset and a liability. Wish I had it so good.
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What one can't do with a good bookkeeping system.Mortgages are assets even
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tho they are paid off with notes. How can a note be an asset if they are a
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liability? Well they are obligations of the United States and liabilities of
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the Federal reserve bank. They are a first and paramount lien on the assets
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of the Federal reserve bank whose assets are notes and bonds. The only real
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way one could rob a bank is if you took their furniture.)
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Unfortunately for some, and tragically for others, the words of Warren
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Shore describe the real situation: "obviously, there is no pool,just as
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there are no trust funds. Both words remain in the S.S. lexicon not because
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they are true, but because they help foster the public notion that S.S. is
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like insurance with its premium pools and trust funds regulated to support
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the promise made." ibid.p 22. Because all funds collected in the name of
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S.S. are never earmarked for any special use, they are intermingled and spent
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each year like any other funds. This means that billions of dollars collected
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by the S.S. A. in the early days of the program were used during 1935 through
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1945 to help finance the military requirements of national defense
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incidental to W.W.II.
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(Comment.Roger. The nation was not in peril)
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Since the war, funds collected in the name of S.S. have continued to be
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spent on all the miscellaneous appropriations of the government including
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foreign aid, salaries for nearly three million federal employees, and
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various regulatory agencies of government.
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((Comment Roger. Now do you see why fed. notes were made a legal tender for
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all debts? You paid your money in and a debt was created. They owed you.
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Now it is legal for "them" to "tender" fed. notes in "payment". When S.S.
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was first enacted, we were dealing in real money,why can't we get back the
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real money. Why, because fed notes are "legal tender", of course.)
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In recent years there has been considerable talk about the S.S.
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System becoming "insolvent" and getting close to "bankruptcy". The
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government itself is largely to blame for this misconception because it
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has used this line to justify the gigantic leap in S.S. taxes. They said
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these increases were absolutely necessary to keep the system "sound". At the
|
|
same time, the S.S.A. has been promising tremendous increases in "benefits" if
|
|
the people would tolerate this new wave of increased taxes. In reality, what
|
|
Congress really accomplished was to create more resources for the general fund
|
|
of the Treasury for political giveaway programs. The scare tactic of a
|
|
"bankrupt" S.S. system has been used to minimize resistance to the new tax
|
|
gouging in the name of S.S. The main thing to keep in mind is that S.S.
|
|
cannot go bankrupt in the ordinary sense of the term because it is able to
|
|
depend upon the government power to raise revenue by compulsory means
|
|
through taxes rather than a trust fund such as insurance companies are
|
|
required to have. As long as the people will allow Congress to "tax and
|
|
tax, spend and spend, elect and elect, the people are too damn dumb to
|
|
understand" (according to Harry Hopkins, Assistant to Rooseveldt.)
|
|
S.S. will continue to be a runaway spending program. The S.S. Board of
|
|
Trustees emphasized the power to tax as a secret weapon in a 1972 report to
|
|
Congress by stating: "because compulsory social insurance is assured of
|
|
continuing income...it does not have to build up the kind of reserves
|
|
that are necessary at all times in an institution that cannot count on
|
|
current income to meet current obligations."
|
|
|
|
[to be continued]
|
|
|
|
**
|
|
|
|
[Disclaimer: I am not associated in any way with George Gordon or his school.
|
|
I apologize if anyone is offended at the "advertisish" tone; it was taken
|
|
verbatim from one of George's pamphlet mailings, and shows his flair for the
|
|
dramatic turn of phrase. But it certainly is true that more than ten years
|
|
after he started this, he's still on the outside, and Roger is on the inside.
|
|
A sobering thought - but you must, of course, draw your own conclusions.]
|
|
|
|
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|
GEORGE GORDON'S SCHOOL OF COMMON LAW
|
|
|
|
George Gordon is a teacher of courtroom strategy and procedure, a businessman
|
|
who taught himself to fight back in court when Big Brother put him out of
|
|
business nine years ago. To that end, he founded Barrister's Inne School of
|
|
Common Law in Boise, Idaho. As a result, the city of Boise (among other
|
|
things) rarely stops a car without a license plate. Since he left Boise in
|
|
1984, he has started a new school in Isabella, Missouri, introduced personal
|
|
tutoring classes, produced over 320 hours of videotaped lessons, traveled over
|
|
150,000 miles, and lectured in all 50 states. He is currently testing many
|
|
issues in court, publishing a newsletter, and has a nationwide Barter Exchange
|
|
and a working farm to show "How To Make $100,000 Annually on 25 Acres Or Less".
|
|
He has done all this, owing no income tax or state license taxes, without a
|
|
driver's license, car registration or insurance, without credit, loans, debt,
|
|
business permits or licenses, with no Social Security number or taxes, without
|
|
a marriage license or birth certificate, owing no military obligation, without
|
|
U.S. citizenship, without state citizenship or residency, and the list could
|
|
go on.
|
|
|
|
George can tell you from personal experience that when you practice Exodus
|
|
23:32 in place of having a driver's license, Leviticus 19:35 in place of
|
|
having a bank account, or take your children out of the public schools and
|
|
teach them at home, you will meet with extreme opposition from the government
|
|
and its agents. So far, his program is working, and he is winning.
|
|
|
|
The Basic Courtroom Strategy and Procedure is 100 hours of video that gives
|
|
the average man on the street the knowledge that is necessary to defend his
|
|
rights, both in and out of court. We personally train the teachers of this
|
|
course here on the farm, spending four intensive weeks teaching them how to
|
|
teach their own classes. The classes are also open to individuals wanting to
|
|
learn how to defend themselves and/or those who don't have a school available
|
|
locally.
|
|
|
|
George also teaches small, semi-private tutoring classes on Taxes, Private
|
|
Business and Exchanges, Title 42 Civil Rights Violations, the above mentioned
|
|
class on farming, a class for "licensed professionals" who no longer wish to
|
|
be licensed, and many others.
|
|
|
|
We here at the School observe the 759 Biblical Common Laws as our way of
|
|
life. We do not advocate nor teach anarchy, civil disobedience or racism.
|
|
Passover and the Feast of Unleavened Bread are celebrated here every spring,
|
|
and every fall we observe the Feast of Tabernacles. During both Feasts, there
|
|
are week-long classes for our friends here on the farm.
|
|
|
|
For further information, call Jackie at (417) 273-4967 or 273-4772, every day
|
|
except Sabbaths from sundown to sundown.
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|
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THE BASIC COURTROOM STRATEGY AND PROCEDURE
|
|
OUTLINE
|
|
|
|
Are YOU a practicing Communist? The Ten Planks of the Communist Manifesto are
|
|
in full force and effect in America today.
|
|
Law - where does it come from? You must be able to distinguish between the
|
|
Civil Law and the Common Law. Today, nearly everyone is under Civil.
|
|
Admiralty - Where does it come from? What is it? How does it work?
|
|
Are YOU a slave? There are twenty-three (23) different statuses of people in
|
|
the U.S. Learn how to recognize your present status, and change it to the one
|
|
you want, correctly.
|
|
Subjects of the State? Corporations are Persons, People are Persons. Persons
|
|
are Juristic, Corporate Juristic Persons are Subjects of the State.
|
|
Money! Everyone wants it, yet few know what it is, and fewer still know how
|
|
to get it and KEEP it. Learn the History of paper "money", and how everyone
|
|
who uses it LOSES.
|
|
Usury, Interest and the Law. Mortgages, interest and foreclosure go hand in
|
|
hand. Do simple arithmetic and compute your profit - or LOSS.
|
|
Groupies - What About Belonging? Almost everyone "belongs" to something,
|
|
whether it's the PTA, the Republican Party or a church. Yet few know the legal
|
|
ramifications of belonging to an organization.
|
|
George Orwell's 1984. We are in the age of Big Brother, and now is the time
|
|
to learn immunity.
|
|
The Law Enforcement Growth Industry. It's a big business in America,
|
|
supporting itself by arrests, incarcerations and slave labor in prisons.
|
|
Police Powers. What are the police, where do they get their powers, and do
|
|
they violate your rights (if you have any)?
|
|
Adhesion Contracts. They've been around for along time. Now you can learn
|
|
what they really are, and how to rescind them.
|
|
Checks. Almost everyone uses them, but how many know what they really are?
|
|
Social Security. Learn about the legal contract that creates the
|
|
Guardian/Ward relationship between you and the government, robbing you of your
|
|
rights.
|
|
Income Tax. The Courts say it's Constitutional, the Bible says it isn't - the
|
|
Civil Law says it is, the Common Law says it isn't - who is right? Learn the
|
|
forty-one (41) key words you need to know and understand to comprehend.
|
|
What is Insurance? Learn how Insurance is Interstate Commerce, and its
|
|
negative effects on those who join.
|
|
Hospital Story. How to negotiate an Adhesion Contract with a hospital.
|
|
Marriage. Almost everyone is married to more than one person - there's you,
|
|
your spouse, and the government. Learn how to divorce the State AND keep the
|
|
kids!
|
|
Divorce - Is It Adultery? Learn the differences between Civil and Common Law
|
|
divorces, and how to protect yourself.
|
|
Religion and Schools. How to teach your children at home and stay out of jail
|
|
by using the 1st Amendment.
|
|
Christians - Why I Am Not One. The word "Christian" appears three (3) times
|
|
in the Bible. Christ's followers didn't call themselves Christians, but their
|
|
enemies did.
|
|
Oaths. Almost everyone takes one, but noone seems to ask WHY?
|
|
Asseverations vs. Affidavits. Learn what they are, their differences, their
|
|
applications, and how to write them.
|
|
Legal Quotes. Learn some of the best quotes in legal history, and how to use
|
|
them in your papers.
|
|
Research. Learn how and why Computer research really helps. Plus a
|
|
description of how one system in particular, Westlaw, works.
|
|
Declaration of Intent and Purpose - Why Do You Need One? The Hows and Whys of
|
|
rescinding our contracts with government, and how to make a Public Declaration
|
|
of your Intents and Purposes to be used in court.
|
|
Gideon's Story. How to compel God to specific performance on His contract
|
|
with you, just like Gideon, the first "tax protestor".
|
|
The Ultimate Law. While there are 759 statutes in the Biblical Common Law,
|
|
most of us don't even know all Ten Commandments!
|
|
The Jubilee Year, Land Sabbath and Inheritance. The three (3) statutes
|
|
regarding land ownership.
|
|
Code Pleading. Learn how to read the statutes - what they don't say is
|
|
sometimes more important!
|
|
Land Taxes. Find out who really owns your land.
|
|
Wisdom. How to develop reason, logic and common sense, and apply it in court.
|
|
Fraud - an Affirmative Defense. Learn the two (2) types of fraud, Positive
|
|
and Constructive, and what to do about them.
|
|
Banks Lending Credit - Is It Legal? Banks have a license to lend credit under
|
|
the Federal Reserve Act. Learn the truth behind the facade.
|
|
Eighteen (18) Ways to Stop a Foreclosure. Learn how NOT to be one of the
|
|
268,000 who are being foreclosed on this year.
|
|
Verehoff Complaint. An example of the Money issue successfully used in an
|
|
offensive case.
|
|
RICO. What is it, and what does it do?
|
|
Judgment Proofing. Most people DO NOT HAVE ANY PRIVATE PROPERTY in America
|
|
today!
|
|
Exchanges - Barter vs. Business. Property has never been assessed or taxed in
|
|
this country; Income has. Learn the differences between taxable and
|
|
non-taxable activities.
|
|
Small Private Business. Now that you've dropped out of the System, how do you
|
|
make a living? Learn how to market the fruits of your labor.
|
|
Driving vs. Traveling. Learn why you want to Travel, not Drive.
|
|
Abscamming Goverment Agents. Learn why it is NOT a crime to set up a test to
|
|
see if a government agent will break the law.
|
|
The Scene of the Crime. Learn the three (3) important rules every Pro Se
|
|
litigant must observe: Don't say anything, keep quiet, and SHUT UP!!! Includes
|
|
hands-on, how-to Arrest and Booking procedure.
|
|
Defense. How to organize and execute proper defense and recognize every
|
|
single Appealable Issue that the trial court MUST rule on.
|
|
Evidence. Learn what it is, how to certify it as part of the court record,
|
|
and how to present it in the courtroom setting.
|
|
Proving Federal Crimes. What every Federal prosecutor knows, what he does and
|
|
why he does it.
|
|
The Exclusionary Rule. If it's excluded, you don't have to defend against it!
|
|
Search and Seizure. Learn what can and can't be searched and seized, with
|
|
info on Warrants, the Plain View rule, and other items.
|
|
The Jailhouse Scene. Learn step-by-step what to do when you are being booked,
|
|
fingerprinted, etc. Also, the low-down on administrative demands.
|
|
Arraignment, Bailsetting and Hearing. What to tell the judge at your pretrial
|
|
hearing. Why Bail is BAD, and what arraignments, docket sheets, etc., really
|
|
are.
|
|
Civil Rights Suits. Government officials may not care about your rights, but
|
|
the insurance company's claims adjustor sure does! Learn how to use Title 42
|
|
actions to REALLY get their attention.
|
|
Motions. What they are, and when to use them.
|
|
Writing Process. Everything in your case will be done in writing, so it's
|
|
important that you be able to write well.
|
|
The Ashwander Rules. Learn the seven (7) rules that you must follow to
|
|
qualify your case for Appellate review.
|
|
Organizing Your Case. Learn the logical order of doing things such as the
|
|
Brief, Filing and Presentation.
|
|
Service of Process. Learn about equitable protection and due process.
|
|
Civil Procedure. To formulate a winning strategy in court, knowing and
|
|
applying these rules is a must.
|
|
How To Ask Questions. Learning to ask the right questions, so they won't be
|
|
objected to and thrown out, is crucial to a win!
|
|
Examining Witnesses. How to effectively examine and cross-examine your own
|
|
witnesses and the oppositions'.
|
|
Fourteen (14) Indicia of a Jury Trial. What they are, and how to play the
|
|
game out to its conclusion. Also, learn if you really want or need a Jury
|
|
trial. Learn how to select a Jury to give you that vital edge, and what is
|
|
involved in Jury Instructions, a necessary part of any trial.
|
|
Appeals. How to qualify your case for Appellate review, and formulate a
|
|
winning strategy once you have qualified.
|
|
How To Claim Public Lands. Learn the ins and outs of claiming some of the
|
|
648,000 acres of public land in the lower 48 states.
|
|
Motion Hearings. A practice session on presenting an Oral Argument.
|
|
Trial Procedure. A complete mock trial, from beginning to end, including
|
|
Prosecution, Witnesses, and Sentencing!
|
|
|
|
COSTS
|
|
|
|
The above Basic Course lasts four weeks. Each week costs one (1) ounce of
|
|
Gold, with Gold at 500 Federal Reserve Notes per ounce, or 500 FRN's. We don't
|
|
sell fish - we teach men how to fish! If the cost seems steep to you, sit down
|
|
and add up how much it could save you in the long run...
|
|
|
|
|
|
TUTORING CLASSES
|
|
|
|
The very successful tutoring program initiated in 1985 is designed to address
|
|
specific problems, as opposed to the Basic Course which teaches a generalized
|
|
strategy. Whether you face unlawfully imposed taxes, divorce, loss of
|
|
children, a desire to change your lifestyle or pursue a chosen profession, or
|
|
defend yourself from abuse at the hands of government agents, we have a class
|
|
for you. Because George could never give anyone's problem full attention if he
|
|
taught large groups, we've limited the number of students in each weekly
|
|
session to nine (9). To assure yourself a class space, you must pre-register
|
|
with a 20% minimum deposit. The cost of each class per tutoring space is 2
|
|
ounces of Gold at 500 FRN's per ounce, or the equivalent in other substance
|
|
(Silver, Barter, etc.), or 1,000 FRN's. If you pay in advance in Gold, Silver
|
|
or FRN's, we offer a 10% discount from quoted figures. Wives can attend
|
|
classes wth husbands for half the quoted figures. Please read the Barter List,
|
|
as we do much pre-arranged trading to enable more people to learn. However, if
|
|
we lined up all the horses, chainsaws, mowers, etc., that have been promised
|
|
in trade and never delivered, we would have quite a parade! To help you avoid
|
|
paying the five times penalty for theft, we can deliver only after YOU do.
|
|
|
|
Each class consists of George's tutoring and the Supreme Court decisions,
|
|
recissions and paperwork pertinent to that class. All classes start at 9am
|
|
Monday and continue until 5pm Friday.
|
|
|
|
- Tax Classes
|
|
|
|
Almost 350 people have taken one of these. The reason for their popularity?
|
|
They work! Of those who have attended, only nine (9) have been incarcerated,
|
|
and they didn't follow the strategy - they went out and hired lawyers to help
|
|
them lose. This averages out to a 2% failure rate for George's students, as
|
|
opposed to the 2% WIN RATE in tax cases with LAWYERS! Since we're all unique
|
|
and have unique situations, each and every plan has to be formulated specially
|
|
for each individual. Thus, these classes have very few participants, so we can
|
|
cover all details in advance. Over 80% of these students win out of court,
|
|
which is a stress-reducing victory in itself. If you plan ahead and get every
|
|
possible problem covered beforehand, there is no reason for court, jail or
|
|
loss of all your property.
|
|
Also in this class: How to work for a corporation without being required to
|
|
have a Social Security Number. This is the narrow entry provided by the Feds
|
|
to being an individual, yet maintaining your present lifestyle. Two of
|
|
George's students have successfully tested the issue of religious objection
|
|
before the IRS, the Social Security Administration, the Equal Employment
|
|
Opportunity Commission, and a labor union.
|
|
The first day is devoted entirely to Status. Only you can decide what status
|
|
you wish to have, after careful examination of the State's encroachment into
|
|
our lives, their control of all facets of our lives, and the ramifications of
|
|
same.
|
|
We would like to help you - help us by calling BEFORE an indictment!
|
|
|
|
|
|
- $100,000 on 25 Acres
|
|
|
|
How to make $100,000 anually on as little as four (4) acres, even in an
|
|
economically depressed area. Sound too good to be true? This class will show
|
|
you how to acquire the necessary land and equipment; how to finance it without
|
|
interest, credit checks or down payments; how to select the proper location,
|
|
and teach you the Biblical Common Laws pertaining to land acquisition and
|
|
usage, so you can avoid the failures of today's "agribusinessmen". There are
|
|
3,000 farmers successfully using portions of this program today. George has
|
|
taken the best of a program designed by a Professor Emeritus at Tuskegee
|
|
University, and combined it with his own experience in "unconventional
|
|
farming", the land laws he teaches, and practical marketing.
|
|
You'll learn how to locate and keep customers and how to develop an organic
|
|
market and grow the crops necessary to make your $100,000/year within five (5)
|
|
years of the day you start. You'll learn about square foot gardening, raised
|
|
beds, organic plant protection, cost projection analysis, and how to raise
|
|
capital. The marketing aspects can be carried over into any other business you
|
|
may have. For you men who complain about the non-support and non-participation
|
|
of your wives, this is one class they can easily understand! Why not send your
|
|
wife to class, and let her learn how to earn? Everyone is entitled to be
|
|
wealthy. And a wealthy individual is one who has the ability to do exactly as
|
|
they wish. Is there anyone out there who doesn't want to be satisfied with
|
|
their life?
|
|
All who attend this class may work with us on the farm for hands-on
|
|
experience. Remember, people always have to eat, and with the average American
|
|
eating over 143 pounds of just the eleven major fresh vegetables per year,
|
|
this is the time to cash in!
|
|
|
|
- Private Business and Exchange
|
|
|
|
Trading is an old industry that has acquired a modern flair. This class
|
|
teaches the economics of bartering, how it's an inflation fighter, taxes and
|
|
barter, how to put together a trade, and how to trade with ANYONE.
|
|
During the last Depression, there was a 25% unemployment rate, a shortage of
|
|
Federal Reserve Notes to conduct business, and people were "reduced" to
|
|
barter. What isn't said is that there was 75% employment, we don't need FRN's
|
|
to transact, and barter has been around long before the Federal Reserve was
|
|
even thought of. If we are to maintain our standard of living during the next
|
|
great Depression, we must know how to obtain the necessities of life outside
|
|
of employment and the Federal Reserve System, and learn to use barter to our
|
|
advantage instead of being forced into it. If you earn $20,000 a year and are
|
|
laid off (or experience a 25% decline in "income"), your standard of living
|
|
declines 25%. But if you learn to trade $5,000 a year, and make three trades
|
|
for a pickup, furniture, and appliances... if you lose 25% of your "income",
|
|
your standard of living does NOT suffer!
|
|
It all sounds simple, but everywhere we look we see a woeful lack of
|
|
understanding in barter. We have been using the Fed all our lives. Sears,
|
|
Penny's and Standard Oil we understand, but Gold, Silver, honey, wheat, corn
|
|
and oil are over our heads? Before you are forced to trade under adverse
|
|
conditions, you should learn how to do it right!
|
|
This class focuses on trade techniques with merchants, contractors, retailers
|
|
and others. It includes public vs. private business, income taxes, licensing,
|
|
and the Common Law as it relates to private business. George will show you how
|
|
to establish a private business and have NO income, NO license, and NO tax
|
|
liability! This class is especially important for those who have rescinded
|
|
their Social Security Numbers. Remember, you can barter the tuition!
|
|
|
|
|
|
- Civil Rights (Title 42)
|
|
|
|
In the past three years, we have had these classes full of individuals who
|
|
have succeded, and will succeed, in obtaining redress for injustices suffered
|
|
at the hands of police, attorneys, judges, municipalities, etc. George himself
|
|
won a Title 42 suit in Idaho, settling out of court with the defendants in
|
|
Gold, and a number of other suits filed by George are currently in litigation.
|
|
But perhaps the most important thing to come out of these classes is the ever
|
|
increasing number of students who are filing and WINNING suits against persons
|
|
who have violated their civil rights.
|
|
Title 42 of the United States Code, sec. 1983, is that section of Federal law
|
|
which deals specifically with civil rights violations and their rectification.
|
|
It is the ONLY way for anyone who is not a Citizen of the United States to
|
|
gain redress of greivance in cases of civil rights violations. George will
|
|
teach you what it covers, its applications, whether or not you have a
|
|
legitimate greivance, how much to ask for, when to settle out of court, AND
|
|
how to set up civil rights violations. There are five (5) rules that MUST be
|
|
adhered to, or the Court will dismiss your case in a heartbeat.
|
|
While the most common use of Title 42 Sec 1983 is to extract direct monetary
|
|
compensation for violated rights, a number of these suits filed against a
|
|
defendant or group of defendants cause another, indirect effect, but one which
|
|
is just as deadly to the opposition: Their insurance companies inform them
|
|
that they are no longer covered, or that if they continue, they will either
|
|
lose their coverage or have their rates go through the roof! Learn how to
|
|
find the secondary insurance companies that cities and counties keep hidden
|
|
and tap the unlimited financial resources of municipalities which previously
|
|
had the limits of their primary insurance carriers imposed upon you. Protect
|
|
your Rights against Wrongdoing.
|
|
|
|
|
|
- Professionals
|
|
|
|
This class was formerly called the Doctor's Class, but now called the
|
|
Professional's Class, because it's for all professionals - architects,
|
|
plumbers, chiropractors, contractors, dentists, etc. Learn the basic
|
|
procedures for disenfranchisement, or starting or continuing a generally
|
|
licensed business without a license. Learn how the State gained control over
|
|
you via licensing, how to abrogate that control and how to avoid undue
|
|
harrassment simultaneously!
|
|
|
|
|
|
- Survival
|
|
|
|
This new class covers sixty-four (64) life-threatening problems that will be
|
|
facing us in the years to come. Among the subjects covered are: Family Bible
|
|
records, birth certificates, marriage licenses, divorce contracts, midwifery,
|
|
home homeopathic care, home chiropractic care, poisonous bites, herbs and
|
|
remedies, how to plan and grow a basic herb garden, how to grow your own first
|
|
aid kit, home schooling, inoculations, synthetic vs. natural fabrics, grain
|
|
storage, amino acid protein balance, and longevity of stored goods. Learn how
|
|
to build your own lifeboat, and face the future with confidence.
|
|
|
|
|
|
**
|
|
|
|
[This is a Constructive Notice. You've read about 'em, now take a look at
|
|
one. As an exercise, see if you can identify all the elements of a proper and
|
|
lawful notice. The Court caption and heading at the top have been left off,
|
|
for space considerations. Needless to say, any paper filed with the court has
|
|
to conform to the local rules for filings, and that may change from court to
|
|
court. Before doing anything like this, you should read all applicable rules
|
|
and laws.]
|
|
|
|
To: Officer
|
|
RE: Ticket #____________
|
|
CONSTRUCTIVE NOTICE AND DEMAND
|
|
|
|
NOTICE IS HEREBY GIVEN that, accused ___ ___, takes the following exceptions
|
|
to your _____ __, 199__ issuance of a NOTICE OF PARKING VIOLATION # __ ______.
|
|
The California Vehicle Code #22502 is cited as a Code of Regulation for curb
|
|
parking.
|
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|
|
C.V.C. 17459, UNDER DIVISION 9, ARTICLE 4. SERVICE OF PROCESS STATES:
|
|
|
|
"The acceptance by a resident of this state of a certificate of ownership or
|
|
a certificate of registration of any motor vehicle or any renewal thereof,
|
|
issued under the provisions of this code, shall constitute the consent of the
|
|
person that the service of summons may be made upon him within or without this
|
|
state, in any action brought in the courts of this state upon a cause of
|
|
action arising in this state out of the ownership or operation of the
|
|
vehicle."
|
|
|
|
A parking violation ticket to appear or deposit bail is a summons in civil
|
|
procedure.
|
|
|
|
The code in section 17459 states that a certificate of registration
|
|
constitutes the consent by the person of service of summons to a CAUSE OF
|
|
ACTION.
|
|
|
|
The Notice of Parking Violation #________ does not state a "CAUSE OF
|
|
ACTION", as the Code of Civil Procedure defines "action", and what constitutes
|
|
an action, and the Civil Code defines the condition of an action.
|
|
|
|
An ORDER TO SHOW CAUSE WILL BE FILED IN THE SUPERIOR COURT, along with a
|
|
subpoena for your presence. Your failure to appear will constitute a contempt
|
|
of Court (see Code of Civil Procedure). Failure to bring the injured body
|
|
forward for examination will constitute grounds for contempt charges against
|
|
YOU!
|
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|
|
If the Notice of Parking Violation #_____________ is on an account number,
|
|
then bring forth an accounting for examination, as it is a civil matter. As
|
|
an agent for the D.M.V. you have made a conclusion of law to which I have
|
|
taken exception.
|
|
|
|
Said notice is an attempt to extort funds from me by inverting the burden of
|
|
proof without evidence that a crime has been committed in violation of Rules
|
|
2, 3, 4, and 7 of the Federal Rules of Civil Procedure.
|
|
|
|
Since you are an executive officer, you have broken the law by impersonating
|
|
a judicial officer by levying a bail against me.
|
|
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|
Title 18 United States Code, Section 241, provides that..."any person who
|
|
goes on the highway in disguise to prevent or hinder the free exercise and
|
|
enjoyment of any right so secured by law...shall be fined not more than
|
|
$10,000.00 or imprisoned not more than ten years or both.
|
|
|
|
The reference to the disguise in the foregoing section is in reference to
|
|
someone impersonating an officer of the law. You are impersonating an officer
|
|
of the law by declaring that to be law which IS NOT law because you are an
|
|
executive officer performing a judicial function, and further, you have no
|
|
victim or injured party to sign a complaint.
|
|
|
|
Further, Title 18, United States Code, Section 242, provides for one or more
|
|
persons who, under color of law, statute, ordinance, regulation, or custom,
|
|
willfully subjects any inhabitant of any state, territory, or district to the
|
|
deprivation of rights, privileges, or immunities secured by the Constitution,
|
|
or laws of the United States...shall be fined not more than $1,000.00 or
|
|
imprisoned not more than one year or both.
|
|
|
|
Title 18, United States Code, Section 242, with its color of law provision,
|
|
gives a cause of action to apply Title 18, United States Code, Section 241,
|
|
because Section 241 needs two persons in disguise and Section 242 provides the
|
|
second person under color of law as the "QUASI SUMMONS" mentioned herein
|
|
implies that a judge in the Municipal Court is acting in concert to commit an
|
|
overt act of fraud and extortion for conversion.
|
|
|
|
Demand is now upon you to dismiss this action within ten (10) days from
|
|
receipt of this Notice and Demand. Unless, by appropriate return response to
|
|
this Notice, the existence of some other factual basis to further compel an
|
|
appearance in this matter is shown. No other will be deemed necessary by the
|
|
undersigned accused.
|
|
|
|
This Notice will serve as a basis for an action at law to commence in the
|
|
United States Court by diversity pursuant to Rule 7 (a) and (c), and Rule 81
|
|
(c) of the Federal Rules of Civil Procedure by the jurisdiction provided in
|
|
Title 42, United States Code, Sections 1983 and 1985; Title 28, United States
|
|
Code, Sections 1331 and 1343 and others with Title 18, United States Code
|
|
Sections 241, 242, 872, 1621, 1622, and 1623 providing for the administration
|
|
of the penalties upon failure to comply with the terms now on demand by this
|
|
Notice.
|
|
|
|
I suggest that you give me written notice, at the address listed below, of
|
|
such dismissal as demanded herein within ten (10) days to avoid any
|
|
unnecessary complications which may arise in court from further action on this
|
|
matter from damages stated herein and other such violations and damages that
|
|
apply, or will apply as future results will occur and be applied.
|
|
|
|
SEND YOUR RESPONSE TO:
|
|
|
|
[address]
|
|
|
|
Dated: ______________________
|
|
|
|
|
|
[Here's another.]
|
|
|
|
CONSTRUCTIVE NOTICE
|
|
|
|
TAKE NOTICE! THIS CONSTRUCTIVE NOTICE is being given you as the only legal
|
|
warning you will receive. You would not be receiving it had you not failed to
|
|
satisfactorily identify yourself in response to my timely and valid request
|
|
pursuant to the UNITED STATES CONSTITUTION, the CONSTITUTION OF CALIFORNIA and
|
|
various State and Federal Statutes, including the Federal Privacy Act of 1974,
|
|
and Title 42, section 1983, and others, and relevant U.S. Supreme Court
|
|
Decisions, including Miranda v. Arizona, binding on you if you are indeed, as
|
|
you claim to be, a public servant under oath to support the same and acting
|
|
under color of law while violating my rights, which I claim and demand at all
|
|
times, never waiving any right for any cause or reason at any time. These
|
|
rights include the right to travel.
|
|
|
|
Therefore: YOU HAVE THE RIGHT TO REMAIN SILENT - ANYTHING YOU SAY CAN AND
|
|
WILL BE USED AGAINST YOU IN A COURT OF LAW - YOU HAVE A RIGHT TO COUNSEL OF
|
|
YOUR CHOICE. It is within your discretion to release me without further
|
|
proceeding. To fail to do so will irreparably harm me and will result in your
|
|
prosecution. I hereby deny your jurisdiction over my person and property, and
|
|
demand that you prove such jurisdiction within your own agency, before your
|
|
superiors at a docketed administrative hearing on the record, and that I be
|
|
provided with an opportunity to appeal any administrative determinations made
|
|
in any ex parte hearings of which I have not received timely and proper legal
|
|
notice. I demand that you exhaust all of your administrative remedies before
|
|
seeking relief in an appeal to the Courts.
|
|
|
|
You are hereby put on Notice that Title 18, United States Code, section 241
|
|
provides that any person who goes on the highway in disguise to prevent or
|
|
hinder the free exercise and enjoyment of any right so secured by law (such as
|
|
the rights to life, liberty, and property) shall be fined not more than
|
|
$10,000 or imprisoned not more than ten years or both. Penalties exist under
|
|
California law as well.
|
|
|
|
The reference to the disguise is in reference to someone impersonating an
|
|
officer of the law. You are impersonating an officer of the law by declaring
|
|
that to be law which is not law and you have no victim or injured party to
|
|
sign a complaint. Also, if you were not in disguise, you would not have
|
|
refused to give the information that I requested in order to be sure that you
|
|
were not an imposter with an evil intent or motive. Highwaymen have used
|
|
disguises of various sorts, including pretending to be government agents, in
|
|
the past, and will undoubtedly do so in the future, in order to get their
|
|
victims to drop their guard. Be assured, my guard will not be dropped but
|
|
upon your production of facts supporting your claims, the knowledge of which
|
|
is my right which I demand. Until such due process is rendered me, you are
|
|
abridging my right to travel, an inseparable part of my right to liberty.
|
|
|
|
If you are indeed who you are claiming to be, by your own claim, a member of
|
|
the EXECUTIVE BRANCH of government, you have no business in issuing any
|
|
"summons" or judicially commanding either my person, my possessions, or my
|
|
freedom to do anything beyond your limited executive powers. You may be under
|
|
the mistaken impression that you are protected by your qualified immunity.
|
|
You are not.
|
|
|
|
Pursuant to Davis v. Scherer, 82 L.Ed.2d 139, 104 S.Ct.547 (1984); Harlow v.
|
|
Fitzgerald, 457 U.S. 800,818 (1982); and the Ninth Circuit's interpretation of
|
|
Harlow in Copeoman v. Reed, 754 F.2nd 1512,1514 (1985) this NOTICE serves to
|
|
"clearly establish" my rights (including my rights to travel and to due
|
|
process) which you are bound to under ))40300-40604 of the Vehicle Code to be
|
|
brought, without delay before the court. The above cited cases stand for the
|
|
position that a State official's violation of state regulation, after an
|
|
individual "clearly establishes" his rights at the time of the alleged
|
|
violation, that official loses his qualified immunity from suit under 42 USCS
|
|
)1983.
|
|
|
|
A plaintiff who seeks damages for violation of constitutional or statutory
|
|
rights may overcome the defendant official's qualified immunity only by
|
|
showing that those rights were clearly established at the time of the conduct
|
|
at issue. Davis v. Scherer, 82 L.Ed.2d 139,151.
|
|
|
|
Though the State of California may have a STATUTE purportedly giving
|
|
judicial powers to the executive branch of government, it could not have been
|
|
Lawfully granted, and it, (if there is one), MUST BE NULL AND VOID! This is
|
|
not just a naked assertion as I rely upon the following reasons:
|
|
|
|
Firstly, the Supreme Law of the Land in the Third Article of the United
|
|
States Constitution states that, "The judicial powers shall be vested in the
|
|
courts"! It makes no provision otherwise as it did not say that, "the
|
|
judicial powers are vested with the courts and CERTAIN OF THE EXECUTIVE
|
|
BRANCHES." This Belligerant Claimant in Person DEMANDS ALL HIS RIGHTS. This
|
|
includes the Constitutional Right to a "Separation of Powers":
|
|
|
|
"The United States shall guarantee to every State of the Union, a republican
|
|
form of government..." Article IV, Section IV, United States Constitution
|
|
|
|
And;
|
|
|
|
"The powers of state government are legislative, executive, and judicial.
|
|
Persons charged with the exercise of one power may not exercise either of the
|
|
others except as permitted in this Constitution." Article III, Section 3,
|
|
Constitution of the State of California
|
|
|
|
Clearly, the executive branch DOES NOT have any of the judicial powers to
|
|
issue summons. An "executive summons" conforms to the WRITS OF ASSISTANCE
|
|
which so incensed our forefathers as to require them to willingly lay down
|
|
their lives in a war against King George III, so as to divest themselves of
|
|
such tyrannical bonds. Any intention or attempt to TRANSFER POWER from one
|
|
branch of government to another is a flagrant violation of the Law. "Any
|
|
fundamental or basic power necessary to government cannot be delegated."
|
|
Wilson v. Philadelphia School District, 113 ALR 1401 No powers are more
|
|
fundamental or basic to our American system of government than the
|
|
legislative, executive, and judicial, because in every body politic these
|
|
three branches, however divided, are the very roots of any form of government.
|
|
As you have just been informed, these fundamental powers cannot Lawfully be
|
|
transferred one to another.
|
|
|
|
As was observed above, although California MIGHT have a statute purporting to
|
|
give the executive branch certain judicial powers, it came without the proper
|
|
authority to do so, and however well it has been established by precedents
|
|
otherwise, we must note that: "If the legislature clearly misinterprets a
|
|
Constitutional provision, the frequent repetition of the wrong will not create
|
|
a right." Amos v. Mosley, 77 SO 619. Also see Kingsley v. Metril, 99 NW 1044
|
|
Any statute or branch of government co-mingling the basic powers of one
|
|
exercising some of the power of the other, must be seen as a clear
|
|
misinterpretation of the Supreme Law of the Land, because:
|
|
|
|
"Where the meaning of the Constitution is clear and unambiguous, there
|
|
can be no resort to construction to attribute to the founders a purpose or
|
|
intent NOT MANIFEST IN ITS LETTER." Norris v. Baltimore 192 A 531
|
|
|
|
And;
|
|
|
|
"No legislative act contrary to the Constitution can be valid. To deny this
|
|
would be to affirm that the deputy is greater than his principal; that the
|
|
servant is above the master; that the representatives of the people are
|
|
superior to the people; that men, acting by virtue of powers may do not only
|
|
what their powers do not authorize, but what they forbid. It is not to be
|
|
supposed that the Constitution could intend to enable the representatives of
|
|
the people to substitute their will to that of their constituents. A
|
|
Constitution is, in fact, and must be regarded by judges as fundamental law.
|
|
If there should happen to be an irreconcilable variance between the two, the
|
|
Constitution is to be preferred to the statute." A.Hamilton, Federalist Papers
|
|
#78 See also Warning v. The Mayor of Savannah, 60 Georgia, P.93; First Trust
|
|
Co. v. Smith, 277 SW 762, Marbury v. Madison, 2 L Ed 60; and Am.Juris. 2d
|
|
Constitutional Law, section 177-178
|
|
|
|
[What you've read so far is the parts that deal with the Executive Branch and
|
|
the Separation of Powers. Other sections deal with the Appearance Before a
|
|
Magistrate. The Notice ends with:]
|
|
|
|
THEREFORE, TAKE NOTICE that I claim all of my rights at all times never
|
|
waiving any of my legal or Constitutional rights at any time. I object to
|
|
being detained, questioned, or searched. I object to my person, my
|
|
automobile, or my real or personal property being searched. I demand counsel
|
|
of my own choice before answering any questions or making any other statement.
|
|
I demand that you give probable cause for this arrest, and produce a 4th
|
|
Amendment warrant. I deny any and all jurisdiction over my person, and demand
|
|
that you or your agency exhaust all administrative remedies available to you
|
|
before taking any action in the courts. I therefore demand a docketed
|
|
administrative hearing on the record before your agency, with counsel of my
|
|
own choice, scheduled so as to give me enough time to properly prepare my
|
|
case.
|
|
|
|
Further, United States Code, Title 18, section 242 provides for
|
|
one or more persons who, under color of law, statute, ordinance,
|
|
regulation, or custom, willfully subjects any inhabitant of any state,
|
|
territory, or district to the deprivation of rights, privileges, or
|
|
immunities secured or protected by the Constitution or laws of the
|
|
United States...shall be fined not more than $1,000 or imprisoned not
|
|
more than one year or both.
|
|
|
|
Title 18, United States Code, section 242, with it's color of law
|
|
provision, gives a cause of action to apply Title 18, section 241,
|
|
United States Code, because section 241 needs two persons in disguise
|
|
and section 242 provides the second person under color of law as the
|
|
Notice that you issued implies a judge in the Municipal Court is
|
|
acting in concert with you to commit an overt act of fraud and
|
|
extortion for conversion.
|
|
|
|
Demand is upon you to withdraw the invalid Notice #_____ within ten (
|
|
10) days from receipt of this Notice and Demand or Action will
|
|
commence in the United States District Court pursuant to Rule 7(a) and
|
|
(c) of the criminal rules of procedure by the jurisdiction provided in
|
|
Title 42, United States Code, sections 1983 and 1985; Title 28, U.S.C.
|
|
sections 1331 and 1343 and others with Title 18, U.S.C., sections 241,
|
|
242, 872, 1621, 1622, and 1623 providing for the administration of the
|
|
penalties.
|
|
|
|
I suggest that you give me written notice of such withdrawal as
|
|
demanded herein within ten (10) days of your receipt of this Notice
|
|
and Demand or action will commence against you for damages stated
|
|
herein and other such violations and damages that apply to this matter
|
|
or will apply as future results will occur and be applied.
|
|
|
|
Ignorance of this letter and contempt for the rights and sovereignty
|
|
of this inhabitant of California are folly on your part. Be advised
|
|
that I am ready with papers prepared right now to file actions in
|
|
Federal District Court in forma pauperis against you, should you fail
|
|
to withdraw your invalid Notice within ten (10) days. This
|
|
Constructive Notice is to inform you that those papers will be filed
|
|
against you and other pending conspirators in this conspiracy and
|
|
fraud against this sovereign natural individual inhabitant of the
|
|
state of California, who has rescinded all contracts with the United
|
|
States federal government, the State of California, and each of it's
|
|
political subdivisions, thereby establishing himself as a freeman
|
|
under the organic national Constitution of the Republic of the United
|
|
States of America who is NOT a "person required" to have license
|
|
plates or other registration evidence displayed on his vehicle.
|
|
|
|
Send your response to:
|
|
|
|
Dated:______________
|
|
|
|
Signed,
|
|
|
|
|
|
**
|
|
|
|
Sample Response to Administrative Summons
|
|
|
|
date
|
|
|
|
your name
|
|
and address
|
|
|
|
name of person issuing summons
|
|
and their address
|
|
|
|
Dear _______________,
|
|
|
|
|
|
I am in receipt of a document labelled "Form # _______", purporting to be a
|
|
Collection Summons, which states in part, "In the matter of the tax liability
|
|
of [your name]", "The Commissioner of Internal Revenue to [your name]" and
|
|
claims, "You are hereby summoned and required to appear before..." and to
|
|
"bring all documents and records you possess...in reference to the following
|
|
years:". Enclosed is a copy of the aforementioned document.
|
|
|
|
I note that there is no seal of any court on this document, nor was it issued
|
|
personally by the Commissioner of Internal Revenue; nor does it even state
|
|
that it came from an agency or department under the authority of the United
|
|
States of America, the United States, the United States Code or of any State
|
|
government.
|
|
|
|
I note your signature on the bottom where you are designated an "issuing
|
|
officer", but the document does not specify your specific delegation of
|
|
authority from the Commissioner to issue or serve such a document upon me; nor
|
|
does it state specifically how I became subject to the commands of the
|
|
Commissioner.
|
|
|
|
I note further that this document purportedly requires that I appear, give
|
|
testimony and "produce books, records and papers" for your examination.
|
|
|
|
If this document were issued under the lawful directive of a federal or State
|
|
government, I would think that it would be so indicated on the document. If it
|
|
were not, and you are not affiliated with the government, then I have no
|
|
obligation to you.
|
|
|
|
If we presume that you are, in fact, affiliated with the government, you come
|
|
under the directive of the Supreme Court of the United States of America, and
|
|
I require more information to ascertain if you are within the bounds of your
|
|
authority. For this, I rely upon the Supreme Court decision of Federal Crop
|
|
Insurance Corporation v Merrill, 332 US 380,384 (1947) which states:
|
|
|
|
"Whatever the form in which the Government functions, anyone entering
|
|
into an arrangement with the Government takes the risk of having accurately
|
|
ascertained that he who purports to act for the Government stays within the
|
|
bounds of his authority...and this is so even though as here the agent
|
|
himself may have been unaware of the limitations upon his authority."
|
|
|
|
Therefore, if you believe that I have some obligation to appear and produce
|
|
personal papers, I require verification of your authority, via the following
|
|
documents, before I do so:
|
|
|
|
1) The documents of determination that I am one who comes within the
|
|
authority of the Commissioner of Internal Revenue and within the purview of
|
|
the "Internal Revenue Code", whereby I am required and compelled to waive my
|
|
fundamental rights to the security of my papers and effects and compelled to
|
|
be a witness against myself.
|
|
|
|
2) The documents of determination that I am one who does not have these
|
|
rights as protected under the 4th and 5th Amendments to the Constitution of
|
|
the United States of America.
|
|
|
|
3) The documents that identify the facts used in making those determinations
|
|
and show specifically how I waived those rights or how those rights were lost.
|
|
|
|
4) The documents that identify the law (legal authority) on which those
|
|
determinations were based.
|
|
|
|
5) The delegations of authority from the Commissioner to you which allow you
|
|
to serve such a document as this upon me.
|
|
|
|
6) If the delegation order does not specifically name you personally, then I
|
|
require your personal documents of appointment to this position to which has
|
|
ben delegated the authority of the Commissioner.
|
|
|
|
I require a minimum of five (5) days prior to any meeting to review the
|
|
documents you provide; therefore, the meeting date you set is not appropriate
|
|
at this time.
|
|
|
|
Upon receipt of the above documents, I will make an appropriate
|
|
determination. If the above allegations are clearly shown to be true, I will
|
|
make an appropriate search of my personal effects, and bring any relevant
|
|
"books or papers" with me when the next meeting date is scheduled.
|
|
|
|
If you do not respond within thirty (30) days with the above documentation,
|
|
the presumption will be established that you did err, that I maintain all my
|
|
rights and you have no basis to demand that I waive those rights.
|
|
|
|
If you are a properly authorized and delegated officer of the United States
|
|
of America or one of the several States, I apologize for any inconvenience,
|
|
but I am sure you are aware of the large number of criminals claiming to be
|
|
government officials who attempt to defraud others.
|
|
|
|
I will be expecting your earliest possible response with the documents
|
|
requested. Thank you in advance for your cooperation.
|
|
|
|
Sincerely,
|
|
|
|
______________________________
|
|
|
|
enclosure: copy of "Form # _______"
|
|
|
|
Certified Mail # _________________
|
|
|
|
|
|
|
|
**
|
|
|
|
Another "Fireside Chat"
|
|
(does this make me the anti-FDR? gads, i hope not.)
|
|
|
|
Administrivia: As you may have noticed, the Thunder Island address no
|
|
longer exists since the sysop has recently been the recipient of many
|
|
lucrative job offers, and my congratulations and thanks for his support
|
|
are due him. The list will continue at this address for the foreseeable
|
|
future (schirado@lab.cc.wmich.edu).
|
|
|
|
I'm certainly not doing much for myself in the way of actively removing
|
|
my own personal chains these days. Being freshly dropped out of high
|
|
school, with a life-long hatred of school (with Catholic nuns throughout
|
|
most of it, no less!), I look back and wonder how it was that ever
|
|
knew the difference between learning and indoctrination, and am amazed
|
|
that I didn't surrender completely to nihilism. Even as I explore this
|
|
strange world of grownups, my brief period of practical applications of
|
|
law reminds me that if you want to defend Rights, you have to do it to
|
|
the utmost of your ability, for as Churchill reminds us,
|
|
|
|
If you will not fight for the right when you can easily win
|
|
without bloodshed; if you will not fight when your victory
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will be sure and not too costly; you may come to the moment
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when you will have to fight with all the odds against you and
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only a small chance of survival. There may even be a worse
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case: you may have to fight when there is no hope of victory,
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because it is better to perish than to live as slaves.
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At this stage of my life, I still have too much growing up to do to be
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able to properly defend my rights where in counts, in court. But I
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share this information whenever I have the opportunity; I give away
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|
disks packed full of the information to whoever expresses interest; I
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|
upload it to BBS's, if the sysop expresses interest; and I save whatever
|
|
information I find that I consider worth keeping. I guess the best way
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|
to describe me would be "librarian", or maybe "archivist". A quiet,
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|
unassuming, non-threatening, everyday individual, whose passion for words,
|
|
language and the creativity and invention of the unfettered mind leads him
|
|
to preserve whatever scraps of information he thinks may be of use for the
|
|
future. And occasionally handing out a pamphlet to random strangers.
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|
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|
I consider this mailing list to be only moderately successful in that it's
|
|
really "preaching to the converted", as it were. At the moment, there are
|
|
four of you subscribing. In all, I received five requests for information
|
|
about the mailing list from other folks, who never responded to the info
|
|
I sent. Somewhat surprising, given the broad range of advertising it got,
|
|
but certainly easier on me, given my lack of dedicated smart list software
|
|
here..
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Best wishes,
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yr moderator
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**
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