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#15418 From: "jjmozingo2002" <jjmozingo@...>
Date: Sat Oct 20, 2007 11:47 pm
Subject: Re: New IRS 'frivolous' positions subject to $5000 fine
jjmozingo2002
Send Email Send Email
 
Wow, what a money maker for the government.  OH wait, the IRS isn't an
agency of the government, that's right.

Anyway, according to the mysterious computer at the irs, everything
that requires them to obey the law is frivolous.

Anything that they don't feel like addressing is frivolous.

Anything that exposes their fraud is frivolous.

Anything that shows they have wrongly applied the law is frivolous.

Anything short of handing over your money with no questions asked is
frivolous.

Who voted on the new $5000 frivolous penalty I wonder.  I don't recall
that being on the floor of the senate or house of representatives.
Who would draw up such a bill in the first place and what is the
reasoning I wonder.

I seem to remember a guy named Pete Hendrickson who recently backed
the criminals into a corner by writing a book showing people what the
law actually says and how it is lawfully suppose to be applied.  Of
course the income tax is not a tax on income but a tax on taxable
activities and of course that is considered frivolous.

Now all of the sudden this new $5000 penalty comes out.  What a
strange coincidence.

It sure would be great if that frivolous penalty went the other way.

Oh wait, there is RICO.


--- In tips_and_tricks@yahoogroups.com, "Jerry Fleischner" <gmf@...>
wrote:
>
> Internal Revenue Bulletin:  2007-14
> April 2, 2007
>
> Notice 2007-30
> Frivolous Positions
>
> Numbers show item # out of a list of 40
>
> 12. In a transaction using gold and silver coins, the value of the
coins is
> excluded from income or the amount realized in the transaction is
the face
> value of the coins and not their fair market value for purposes of
determining
> taxable income.
>
> 24. An IRS Form 23C, Assessment Certificate — Summary Record of
Assessments,
> is an invalid record of assessment for purposes of section 6203 and
Treas.
> Reg. § 301.6203-1, the Form 23C must be personally signed by the
Secretary of
> the Treasury for an assessment to be valid, the Service must provide
a copy of
> the Form 23C to a taxpayer if requested before taking collection
action, or
> similar arguments described as frivolous in Rev. Rul. 2007-21,
2007-14 I.R.B.
>
>
>
> The principal author of this notice is the Office of Associate Chief
Counsel
> (Procedure & Administration).  For further information, contact the
Office of
> Associate Chief Counsel (Procedure & Administration), Administrative
> Provisions & Judicial Practice Division, Branch 2, at (202) 622-4940.
>

#15419 From: crystalax <crystalax@...>
Date: Sun Oct 21, 2007 7:20 pm
Subject: Re: Subpoenaed
crystalax
Send Email Send Email
 
I wouldn't say he terrorized my daughter, he just
scared her and my mother-in-law by not stating the
reason he was looking for me and that reason was to
server the papers so I could give testimony for the
prosecution to help them get an indictment.

But that is why I got upset in the way she was talking
to me considering I'm supposed to be benefitting them.

--- Email41@... wrote:

> Another issue to consider, No one, not even some
> supposed agent of the  government has the right or
> authority to terrorize anyone, least of all your
> daughter. I would either file a criminal complaint
> in accordance with the state  penal code, or charge
> the agent with the felony in open court when I was
> on the witness stand under oath.
>
>
>
>
>

#15420 From: "The Handyman" <ebobie@...>
Date: Mon Oct 22, 2007 11:31 am
Subject: RE: Re: request for tips and tricks
threehandedman
Send Email Send Email
 
 From what you say a pewter cladded coins' value according to the act of 1985 is  in its precious metal contents even though it has a face value that exceeds its numismatic  value.  How could you attempt to avoid taxes by using them?  The National Collector's Mint, Inc.sells a Morgan Silver Dollar (86 to 129 years old) for $19.00.  Its face value is $1.  A 2007 silver (sic)  dollar has a face value of $1 but most probably is worth 15 cents  as it is mostly pewter. Could you post what the act of 1985 says?  I don't see a way to use such application. Also, where can I read more about the Kahre case?
 
 
 

Check the gold coin and bullion act of 1985. It is more current than the 1965 act and as such states that the coins minted are of numismatic status. Also the courts have already ruled that silver and gold coins before 1985 are of numismatic value so using them at face value to avoid taxes would be illegal.
The judge in the Kahre case ruled the same although Kahre's attorney is appealing that particular decision as he feels it did not apply after the 1985 act.

 
Free Animations for your email - By IncrediMail! Click Here!

#15421 From: Don Schwarz <vigilespaladin@...>
Date: Mon Oct 22, 2007 2:13 pm
Subject: Re: Re: request for tips and tricks
vigilespaladin@...
Send Email Send Email
 

True enough for court rulings before 1933, when
notes were taken off the gold exchange..

Then in 1969, notes were taken off the gold standard
and became commodity dollars.

Notes inherently cause inflation, while gold and silver
coins do not.

Yes, if too many coins are circulated worth greater value
than the existing need, you'll have inflation.

But this is easier to do with notes.


At 08:30 AM 10/20/07 -0700, you wrote:

This from a editorial found on The Daily Reckoning, http://www.safehaven.com/article-8633.htm.
 

The first Supreme Court argument underpinning the defendant's case was Ling Su Fan v. U.S. in 1910, which "establishes the legal distinction of a coin bearing the 'impress' of the sovereign: 'These limitations are due to the fact that public law gives to such coinage a value which does not attach as a mere consequence of intrinsic value. Their quality as a legal tender is an attribute of law aside from their bullion value. They bear, therefore, the impress of sovereign power which fixes value and authorizes their use in exchange.'"

If that was not enough, the second pillar of the defendant's argument is Thompson v. Butler from 1877, which, "establishes that the law makes no legal distinction between the values of coin and paper money used as legal tender: A coin dollar is worth no more for the purposes of tender in payment of an ordinary debt than a note dollar. The law has not made the note a standard of value any more than coin. It is true that in the market, as an article of merchandise, one is of greater value than the other; but as money, that is to say, as a medium of exchange, the law knows no difference between them."

----- Original Message ----
From: Frog Farmer <frogfrmr@...>
To: tips_and_tricks@yahoogroups.com
Sent: Friday, October 19, 2007 12:57:57 AM
Subject: RE: [tips_and_tricks] Re: request for tips and tricks


Jerry Fleischner wrote:

> Regarding coinage:
>
> The Coinage Act of July 23, 1965 (Section 102): "All coins and
> currencies of
> the United States (including Federal Reserve notes and circulating
> notes of
> Federal Reserve banks and national banking associations) , regardless
> of when
> coined or issued, shall be legal tender for all debts, public and
> private,
> public charges, taxes, duties, and dues."
>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>

#15422 From: "Doug" <rudi2396@...>
Date: Mon Oct 22, 2007 2:54 pm
Subject: -- The Bill of Rights Institute ---.htm
rudi2396
Send Email Send Email
 
--:: The Bill of Rights Institute ::---


                                 Category: Landmark Supreme Court Cases and the
Constitution View More Lessons from this Category
                                 Back to Lessons Home
                                 Subject October 2007: McCullough v. Maryland
(1819)
                                 Synopsis *For a version of this lesson with
questions and answers on separate pages, click here*

                                 This month we spotlight one of the first and
most important Supreme Court cases on federal power: McCullough v. Maryland
(1819). In this case, Supreme Court held that Congress has implied powers
derived from those listed in Article I, Section 8. The "Necessary and Proper"
Clause gave Congress the power to establish a national bank.
                                  RESOURCES

                                 a..
http://citizenbee.org/user/StudentGuide.aspx?id=690


                                 b..
http://www.oyez.org/cases/1792-1850/1819/1819_0/


                                 c..
http://www.billofrightsinstitute.org/Instructional/Resources/FoundingDocuments/D\
ocs/Constitution.htm
                                 ACTIVITY

                                 It was 1819 and the United States had been a
nation under the Constitution for barely a generation when an important case
about federal power reached the Court. After a first attempt in 1791, Congress
established the second National Bank of the United States in 1816. Many states
opposed branches of the National Bank within their borders. They did not want
the National Bank competing with their own banks, and objected to the
establishment of a National Bank as an unconstitutional exercise of Congress's
power.

                                 The state of Maryland imposed a tax on the bank
of $15,000/year, which cashier James McCullough of the Baltimore branch refused
to pay. The case went to the Supreme Court. Maryland argued that as a sovereign
state, it had the power to tax any business within its borders. McCullough's
attorneys argued that a national bank was "necessary and proper" for Congress to
establish in order to carry out its enumerated powers.

                                 Chief Justice John Marshall wrote, "Although,
among the enumerated powers of government, we do not find the word 'bank,'.we
find the great powers to lay and collect taxes; to borrow money; to regulate
commerce.Let the end be legitimate, let it be within the scope of the
constitution, and all means which are appropriate, which are plainly adapted to
that end, which are not prohibited, but consist with the letter and spirit of
the constitution, are constitutional."

                                 Further, the Court ruled that Maryland could not
tax the national bank: "That the power to tax involves the power to destroy. . .
. If the states may tax one instrument, employed by the [federal] government in
the execution of its powers, they may tax any and every other instrument..This
was not intended by the American people. They did not design to make their
government dependent on the states."

                                 Marshall also noted an important difference
between the Constitution and the Articles of Confederation (the United States'
first governing document that had been replaced by the Constitution). The
Articles said that the states retained all powers not "expressly" given to the
federal government. The Tenth Amendment, Marshall noted, did not include the
word "expressly." This was further evidence, he argued, that the Constitution
did not limit Congress to doing only those things specifically listed in Article
I.

                                 QUESTIONS

                                 1.. What happened to bring McCullough v.
Maryland to the Supreme Court?


                                 2.. Read Article I, Section 8 (link above) and
underline the express powers of Congress that might be dependent on the
operation of a bank. Can Congress effectively carry out its powers without
establishing a national bank?


                                 3.. How did the Supreme Court rule?


                                 4.. To what extent did the ruling in McCullough
v. Maryland expand federal power?
                                 ANSWERS

                                 1.. Maryland imposed a tax on Baltimore branch
of the National Bank of the United States. The cashier refused to pay the tax.


                                 2.. Sections which could be underlined:
                                 a.. The Congress shall have power to lay and
collect taxes, duties, imposts and excises, to pay the debts and provide for the
common defense and general welfare of the United States.
                                 b.. To borrow money on the credit of the United
States;.
                                 c.. To coin money, regulate the value thereof,.
                                 d.. To raise and support armies, but no
appropriation of money to that use shall be for a longer term than two years..
                                 e.. To provide and maintain a navy;
                                 f.. and to exercise like authority over all
places purchased by the consent of the legislature of the state in which the
same shall be, for the erection of forts, magazines, arsenals, dockyards, and
other needful buildings;

                                 Students will most likely say that a bank would
be required in order for Congress to perform these functions.


                                 3.. The Court ruled that the establishment of a
national bank was constitutional, as it was necessary and proper in order for
Congress to carry out its responsibilities. It was "within the letter and the
spirit" of the Constitution. Further, Maryland could not tax the federal bank.


                                 4.. The ruling expanded federal power by
allowing Congress to take actions which were not expressly listed in Article I,
Section 8 nor expressly prohibited by Article I Section 9. The ruling's
description of what kind of actions can be justly implied, however, restricts
the scope of the Necessary and Proper Clause to those laws that are "within the
scope of the constitution, and all means which are appropriate, which are
plainly adapted to that end, which are not prohibited, but consist with the
letter and spirit of the constitution."


                                 Last Edited On 10/19/2007 2:43:00 PM

#15423 From: crystalax <crystalax@...>
Date: Mon Oct 22, 2007 3:35 pm
Subject: Re: Subpoenaed (new question)
crystalax
Send Email Send Email
 
I got some responses to this, but what I was really
looking for is, is there a way I can get out of being
subpoenaed all together?

I don't want to go down and have to testify.  I
already gave them grand jury testimony and I don't
like they way she talked to me on the phone when she
called last week.

So I was looking for ideas or ways to opt out of their
realm so to speak.

#15424 From: Email41@...
Date: Mon Oct 22, 2007 12:16 pm
Subject: Re: Subpoenaed
Email41@...
Send Email Send Email
 

TEXAS PENAL CODE § 22.07. TERRORISTIC THREAT.  (a) A person commits an offense if he threatens to commit any offense involving violence to any person or property with intent to:
(1)  cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
(2) 
place any person in fear of imminent serious bodily injury;
   (3)  prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;
(4)  cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
(5) 
place the public or a substantial group of the public in fear of serious bodily injury;  or
(6)  influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.
(b)  An offense under Subsection (a)(1) is a Class B misdemeanor.
   (c)  An offense under Subsection (a)(2) is a Class B misdemeanor, except that the offense is a Class A misdemeanor if the offense:
(1) 
is committed against a member of the person's family or household or otherwise constitutes family violence;
  or
(2)  is committed against a public servant.
   (d)  An offense under Subsection (a)(3) is a Class A misdemeanor, unless the actor causes pecuniary loss of $1,500 or more to the owner of the building, room, place, or conveyance, in which event the offense is a state jail felony.
    (e)  An offense under Subsection (a)(4), (a)(5), or (a)(6) is a felony of the third degree.
    (f)  In this section:
    (1)  "Family" has the meaning assigned by Section 71.003, Family Code.
      (2)  "Family violence" has the meaning assigned by Section 71.004, Family Code.           (3)  "Household" has the meaning assigned by Section 71.005, Family Code.
   (g)  For purposes of Subsection (d), the amount of pecuniary loss is the amount of economic loss suffered by the owner of the building, room, place, or conveyance as a result of the prevention or interruption of the occupation or use of the building, room, place, or conveyance.

Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974.  Amended by Acts 1979, 66th Leg., p. 1114, ch. 530, § 2, eff. Aug. 27, 1979;  Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994;  Acts 2003, 78th Leg., ch. 139, § 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 388, § 2, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 446, § 1, eff. Sept. 1, 2003;  Acts 2005, 79th Leg., ch. 728, § 16.003, eff. Sept. 1, 2005.



I wouldn't say he terrorized my daughter, he just
scared her and my mother-in-law by not stating the
reason he was looking for me and that reason was to
server the papers so I could give testimony for the
prosecution to help them get an indictment.

But that is why I got upset in the way she was talking
to me considering I'm supposed to be benefitting them.



Proverbs 9:9 Give instruction to a wise man, and he will be yet wiser: teach a just man, and he will increase in learning.
-or-
Wise men are instructed by reason;

Men of less understanding, by experience;

The most ignorant, by necessity;
The beasts by nature.
Letters to Atticus[?], Marcus Tullius Cicero





**************************************
See what's new at http://www.aol.com

#15425 From: jlaporte02@...
Date: Mon Oct 22, 2007 3:27 pm
Subject: Re: request for tips and tricks
winetaster6
Send Email Send Email
 
Here's the chapter on coins and currency from the US code
http://www.law.cornell.edu/uscode/html/uscode31/usc_sup_01_31_08_IV_10_51.html

Gold bullion coin act 1985

http://www.izagg.com/WealthBuilding/Postings/goldinfo3.htm

Aticle on the kahre case.

As a side note the attorney that represented Kahre was Joel Hanson. I spoke with
his brother who knows the details inside and out and he did say the guys were
paid as contractors. A brief outline as to how this worked.
The people working for Kahre were independent contractors.
As such they had a contract to be paid in gold and silver. The government has no
right to interfere with private contracts and it doesnt matter what the hourly
rate works out to be.
Because he had an obligation to  fulfill his contracts and pay the contractors
in gold and silver, he was able to write off the cost of the gold and silver as
an expense to fulfill his contract obligations. The contractors on the other
hand were merely claiming the face value of the coin they recieved.

Also not mentioned here is the fact that several of the contactors pleaded
guilty before the trial but it wasnt a conspiracy plea and all testified at the
trial that there was no conspiracy to defraud.

One last note if that this was another case that the Cheek defense was used.
Doesnt mean that what they did was legal. That remains to be seen.



-------------- Original message --------------
From: "The Handyman" <ebobie@...>
  From what you say a pewter cladded coins' value according to the act of 1985 is
in its precious metal contents even though it has a face value that exceeds its
numismatic  value.  How could you attempt to avoid taxes by using them?  The
National Collector's Mint, Inc.sells a Morgan Silver Dollar (86 to 129 years
old) for $19.00.  Its face value is $1.  A 2007 silver (sic)  dollar has a face
value of $1 but most probably is worth 15 cents  as it is mostly pewter. Could
you post what the act of 1985 says?  I don't see a way to use such application.
Also, where can I read more about the Kahre case?

#15426 From: "Jerry Fleischner" <gmf@...>
Date: Mon Oct 22, 2007 5:11 pm
Subject: Selling for Silver Dollars, paying sales tax in FRNs
gmfn2net
Send Email Send Email
 
When I was in retail sales a few years ago, I asked an attorney at the
California State Board of Equalization (the agency responsible for collecting
sales taxes): if I sold items in exchange for Silver Dollars, could I collect
and pay sales tax in Federal Reserve Notes?

His answer: you can collect and pay sales tax in anything that's legal tender.

Jerry Fleischner

#15427 From: BOB GREGORY <rhgusn@...>
Date: Mon Oct 22, 2007 5:18 pm
Subject: Re: Re: request for tips and tricks
nosaj8700
Send Email Send Email
 
Your general concepts are correct, but there is no pewter in our coins.  They are made of 91.67% copper and 8.33% nickel with the nickel clat onto the outside of the copper, not blended with it.  Pewter is a mixture of antimony, tin and copper.


The Handyman wrote:

 From what you say a pewter cladded coins' value according to the act of 1985 is  in its precious metal contents even though it has a face value that exceeds its numismatic  value.  How could you attempt to avoid taxes by using them?  The National Collector's Mint, Inc.sells a Morgan Silver Dollar (86 to 129 years old) for $19.00.  Its face value is $1.  A 2007 silver (sic)  dollar has a face value of $1 but most probably is worth 15 cents  as it is mostly pewter. Could you post what the act of 1985 says?  I don't see a way to use such application. Also, where can I read more about the Kahre case?
 
 
 

Check the gold coin and bullion act of 1985. It is more current than the 1965 act and as such states that the coins minted are of numismatic status. Also the courts have already ruled that silver and gold coins before 1985 are of numismatic value so using them at face value to avoid taxes would be illegal.
The judge in the Kahre case ruled the same although Kahre's attorney is appealing that particular decision as he feels it did not apply after the 1985 act.
 





#15428 From: "The Handyman" <ebobie@...>
Date: Mon Oct 22, 2007 5:32 pm
Subject: Resident and Domicile
threehandedman
Send Email Send Email
 
I don't know if your group sees the difference, but Title 28 sec. 2072 (b)
is for substantive rights, which are the same as natural rights of a man,
and includes his labor or his earnings, while 3205 is about non-exempt
disposable earnings, which would be earnings from, not the man, but other
persons" such as corporations.  A man can labor for his earnings, while a
name or corporation cannot labor being as it is nominal.  One has to stay
out of the legal or colorable realm.  That's the problem most people have,
not knowing how to use context.  That is why one that understands, can lien
the attorney, as most of them understand and know how to use context to
deceive others.  I just spoke to this friend that is an attorney, and asked
him if he understood context, and he said he didn't.  He actually asked me
to study together.  The only way to interpret any statute, is by context.
That is important, because otherwise, the statutes would violate the over
breath doctrine of the constitution.  The attorneys all know this.  Only a
man has constitutional rights, and that is why when the attorneys write the
statutes, they have to watch not to destroy the special clause of the
statute. They can destroy the general clause of the statute, as fraud is
always couched in generalities.
The Bar Buster






Thank you Zetoolman for posting section 3104. I don't know why it didn't
Come up in my previous search, my mistake somewhere I guess. However, it is
Interesting to note that this section is for PRE judgment remidies. In
Section 3205 (POST judgment remidies it states:

#15429 From: "Jerry Fleischner" <gmf@...>
Date: Mon Oct 22, 2007 6:32 pm
Subject: Re: Re: New IRS 'frivolous' positions subject to $5000 fine
gmfn2net
Send Email Send Email
 
The creator of "frivolous positions" appears to be the Office of Associate
Chief Counsel (Procedure & Administration). Call (202) 622-4940 to discuss
this with one of its attorneys.

A full list of recent 'frivolous positions is at:

http://www.irs.gov/irb/2007-14_IRB/ar20.html


Jerry Fleischner


  "jjmozingo2002" <jjmozingo@...> wrote

> Wow, what a money maker for the government.  OH wait, the IRS isn't an
agency of the government, that's right.
>
> Anyway, according to the mysterious computer at the irs, everything that
requires them to obey the law is frivolous.

#15430 From: "Jerry Fleischner" <gmf@...>
Date: Mon Oct 22, 2007 6:46 pm
Subject: accessing Kahre case information
gmfn2net
Send Email Send Email
 
A good way to access the Kahre case is by searching using key words 'Kahre'
with 'IRS'

#15431 From: "Frog Farmer" <frogfrmr@...>
Date: Mon Oct 22, 2007 10:00 pm
Subject: RE: Re: request for tips and tricks
originalfrog...
Send Email Send Email
 
Ron wrote:

> This only says that it is legal tender, not that it must be valued at
> face value.

Sometimes the obvious need not be explained.  When was the last time you
dealt with legal tender and altered the numerical figures based upon
some other factor than the face value?

> Probably the more important question is; what is the
> definition of the 'dollar' on it?

It's the only definition of "dollar" there is, the original one.
Everything else is based upon that.

> The fifty 'dollars' on the one ounce
> gold are obviously not FRN 'dollars'!  It takes more like 750 of the
> FRN 'dollars' to get the fifty gold ones.  They are obviously two
> different 'dollars'!

No, they are not two different dollars.  Both are what they are as a
result of laws people COULD go read, but most likely never will.

The "Fifty Dollars" on the one ounce gold coin is an admission by
Congress that they had to change the exchange value between the "real
dollars" (that existed before our country did, and were so well known
world-wide that it would be ridiculous to think a few arrogant Americans
could change the reality of it) and the legislated gold equivalent,
which they do have the right to regulate and which they have done in all
cases of the issue of gold coins for trade.

The word "dollar" on FRNs or any other debt instrument means just what
it says - a dollar of silver is owed to somebody.  Does that change
because the debtor changes his mind and pretends to forget?  No.  Does
it change if the debtor loudly proclaims that his notes will never be
paid?  No.  What does change after that public admission is that anyone
accepting the bad notes from the debtor deserves what he gets because he
was warned of the quality of the debt.  Debt instruments are rated; for
example, this year the Federal Reserve's debt instruments have gotten a
lower rating that those of the European Union, with the "euro" (an
imaginary unit originally based upon the Federal Reserve's imaginary
unit) now being "worth" about one third more in international trade
credits than a note from Americans.

> There is even a discrepency between the 'dollar' in the 1792 coinage
> act and the 'dollar' on the one ounce silver eagle, which is also
> legal tender.

Right: the "dollar" in the coinage act is the definition of the word.
It was taken from everyday use with no changes.

The word "dollar" on the one ounce silver eagle is called "face value"
(the value on the face of a coin) and THAT is the "legal tender value"
of the coin, for accounting purposes.  The fact that this coin contains
more or less silver than the nominal amount is a result of the decisions
of men in charge of making the coins.  Maybe Ronald Reagan wanted to
make a small gift to Americans willing to avoid the Fed and use coins -
no matter, because the actual "dollar coins" have NEVER contained the
exact lawful amount of metal as defined in the monetary act because of
"seignorage", the amount of metal deducted from each physical coin in
order to pay for the minting and engraving.  The word "dollar" on a coin
is like the word "Milk" on a cardboard container.  The thing may or may
not contain what the word conveys.

> Since 'dollar' is a unit of measure of wealth,

More accurately, a measure of elemental silver.

> and all three
> of these items bearing the same quantity of 'dollars' on them

Dollars are not born "on" anything.  The word is, but not the thing
itself.  An empty milk container saying "one quart of milk" is NOT any
milk at all, and not a quart of anything except maybe air.

> but
> representing different amounts of wealth means that the use of the
> word 'dollar' on them is meaningless.  It is akin to putting '1
> gallon'
> on an oil drum, a thimble and a coffee cup and saying that 'gallon' is
> a unit of liquid measure!

No, it is not.  If I were to go paint the words "one gallon" on those
three containers, should I assume people are so stupid that they equate
them all as the same volume of substance?  Some would be that stupid,
I'll grant you, maybe severely retarded ones.  Maybe a retarded person
could not conceptualize the difference between a thing and the
representation of a thing by a word.  He'd maybe believe that if you
stamped the word "gallon" on his head, he'd become a gallon!  Things
aren't that bad, YET!

When things get that bad, prisoners should expect at mealtimes to
receive empty paper plates with words printed on them, like "submarine
sandwich" or "steak dinner".  "What did you get for dinner, Joe?"  "I
dunno, it must've been a misprint..."

Regards,

FF

#15432 From: "Frog Farmer" <frogfrmr@...>
Date: Wed Oct 24, 2007 5:23 am
Subject: RE: Re: New IRS 'frivolous' positions subject to $5000 fine
originalfrog...
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> > 12. In a transaction using gold and silver coins, the value of the
> coins is
> > excluded from income or the amount realized in the transaction is
> the face
> > value of the coins and not their fair market value for purposes of
> determining
> > taxable income.

I receive rolls of nickels every day.  Each one has a face value of $2.

The government just passed a law saying you cannot melt nickels for
their fair market value.  They claim it costs ten cents to make each
nickel token, giving each roll a fair market value of $4.

So, assuming I owe income tax on my nickels, how would they have me
report them in order not to appear too frivolous?  I need to know.

Regards,

FF

#15433 From: "Ron" <rongoodger@...>
Date: Wed Oct 24, 2007 1:45 am
Subject: oaths project
lrgoodger
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It seems Frog Farmer's policy of scrutinizing oaths of public
officials is spreading!  Look at this.

Subject:  judge oath problem in NYS


http://www.northcountrygazette.org/news/2007/09/29/oaths_project/


NYS Oaths Project To Survey State's Judiciary
<http://www.northcountrygazette.org/news/2007/09/29/oaths_project/>


Posted on Saturday, 29 of September , 2007 at 10:23 pm


When The North Country Gazette and the NYS Oaths Project conducted a
statewide survey of judges during 2003 and 2004, it was learned that
over 90% of individuals claiming judicial office had never taken and
filed their oaths of office and bonds as required by law.

Town and village justices across the state were illegally performing
judicial duties without having legal title to the office but when it
was brought to their attention, they poo-pooed the challenge, became
defensive and said, so what.

The Association of Towns sent out a directive that confirmed that the
Oaths Project was correct, that oaths and bonds of public officers,
including town justices, have to be filed within 30 days of the
commencement of their term-either elected or appointed-or else by
matter of law they have vacated the office, in effect refusing to
serve and they have no authority to perform the duties of the office
or collect compensation.

The NYS Unified Court System also quietly concurred, sending out a
memorandum to town and village justices across the state, informing
them that pursuant to the Uniform Justice Court Act they had to file
their oaths and bonds in three places-with the town or village clerk,
with the county clerk and with the Office of Court Administration.

If they failed to do so and there was no oath filed, they had no
office and could not legally be compensated.

Despite the existing case law, many claimed "just a technicality" but
the State Legislature said not, it was not.  Judges across the state
and perhaps across the nation were scared that it could open
Pandora's Box in reopening cases if the judges involved were not
legally in office.  De facto! They cried but that doesn't hold true
in many cases as one first must legally hold the title to the office
in order to claim de facto status.
http://www.northcountrygazette.org:80/articles/122906NoOathNoOffice.ht
ml
<http://www.northcountrygazette.org/articles/122906NoOathNoOffice.html
>

More than three years since the NYS Oaths Project completed its
survey, it appears that many justices and judges in the state are
still not legally in office, they are thumbing their nose at the law
and continue to sit in judgment of citizens they claim have violated
the law, exercising a double standard that you have to comply to the
letter of the law but public officials do not, especially if they're
claiming to be judges.

June Maxam, publisher of The North Country Gazette and coordinator of
the NYS Oaths Project discovered first hand that there is still a
blatant disregard for the law among public officers, particularly in
Warren County where law enforcement officers who made false arrests
of her had failed to file their oaths, the Warren County Sheriff
hadn't failed either his oath or undertaking, the town justices
weren't legally in office and the special prosecutors appointed to
prosecute her for the false arrests hadn't filed their certificates
of appointments, their oaths or bonds but performed the duties of the
office anyway and collected thousands of tax dollars illegally.

Most recently, the Glens Falls City Court tried to resurrect a three
year old traffic ticket against Maxam which had never been prosecuted
and motion for dismissal and challenging jurisdiction had been
pending since February, 2006.  The court claimed that Marc Zuckerman
of Bolton Landing had been appointed special prosecutor to handle the
case.

However, no certificate of appointment had been filed by Zuckerman in
the Warren County Clerk's office as required nor had Zuckerman ever
filed his oath of office.  As a matter of law, even if there had been
such an appointment, without having filed his oath within 30 days of
the appointment, he vacated the office ipso facto, no other
proceeding was necessary.

Following the submission of a second motion, challenging speedy trial
rights and denial of due process, the ticket was finally dismissed,
35 months after it was issued.

Despite the new legislation and memos issued by the state court
system and others, it appears that public officers and in particular
town justices are still in gross non-compliance of the law which
could and should lead to challenges to decisions made by black robed
imposters.

The North Country Gazette and the NYS Oaths Project will undertake a
new project beginning Oct. 10, surveying the 62 counties of the state
to determine how many of the state's judiciary are currently
performing the duties of the office unlawfully, illegally plucking a
paycheck and benefits from the taxpayers of New York totally without
lawful authority with absolutely no jurisdiction to sit in judgment
of individuals charged in violating the law, having no authority to
send people to jail and make decisions that forever impacts the lives
of others.

This survey will entail significant postage costs as well as copying
costs under the Freedom of Information Law.  In an attempt to help
defray expenses, the Oaths Project will accept donations and will
publish a weekly newsletter detailing the survey progress.

#15434 From: mobinem@...
Date: Sun Oct 21, 2007 7:14 pm
Subject: mark of the beast
mobinem@...
Send Email Send Email
 
The blue is my opinion, the black is taken and edited from 18 pages from www.cusip.com.
 

 Mark of the BEAST

“And the number of his name is 6 6 6â€

 

The Social Security number is a 9 digit designation used by GORPs and other evil doers to know who people are; it is part of the number of their name. Internationally it is known as the AUTOTRIS number. The second part of the number is the CUSIP. Also 9 digits, when combined with the AUTOTRIS any securities company in any nation knows the value of that commodity, just like the price of a stock. At issue is the fact that these numbers are marked upon people, and people are not stock.

 

Simplified explanation of the CUSIP & AUTOTRIS:

 

              CUSIP                                                        AUTOTRIS / SSN__________               

           123456                789                                          987                 654321

 Issuer (country)            item                                        State                 human

Issue and equity per that country / per item           Where from / who you are

               6                                             6                                                   6

 

In simple terms, an eighteen digit number assigned to every human being that makes them into a “personâ€, otherwise known as a check, that can be collateralized and/or fractionalized once held in an account (read as prison) broken down into a series of three six digit identifiers so as to be uniform throughout the world. The second serious of nine digits may be used in one’s own country (the front of the social security card) since it may be interpreted to attach to the second nine digit series (back of social security card) in that country.

 

 Definitions:

 

CUSIP = Committee on Uniform Securities Identification Process

 

C.I.N.S. = CUSIP International Numbering System

 

AUTOTRIS = Automated Tracking Identification System

mark - a distinguishing symbol; "the owner's mark was on all the sheep"                                 (a)identification mark on the ear of a domestic animal                                                                (b)identification mark on skin, made by burning                                                                           (c) an arbitrary sign that has acquired a conventional significance

 

Standard & Poor’s CUSIP Service Bureau

 INTRODUCTION: ABOUT THE CUSIP SERVICE BUREAU (CSB)

The CUSIP® Service Bureau (CSB) is dedicated to driving efficient trading, clearing, and settlement in capital markets throughout the world by providing a common language for uniquely identifying financial instruments across institutions, exchanges, and nations thus enabling enormous efficiencies and cost savings. CSB is operated for the American Bankers Association (ABA) by Standard & Poor's; these two leading organizations are focused on promoting the strength and profitability of the global financial services industry. With nearly 40 years in the securities identification business, well-defined processes and a global reach, CSB brings coverage, consistency, and expertise to the marketplace. Today, CSB’s offering includes:

            • Universally recognized identification for more than 8.4 million unique financial instruments issued by corporations, municipalities, and government agencies

            • Coverage for a wide range of issue types, including derivatives and syndicated loans

            • An extensive set of descriptive information

            • Ready access to reliable, time-sensitive information with online capabilities that include powerful tools for searches and alerts

            • A highly experienced Management and Operations staff working closely with clients and partners to develop innovative solutions to global data challenges

                        • An Education Program for users of securities identifiers

 

 BACKGROUND TO THE DEVELOPMENT OF THE CUSIP NUMBERING SYSTEM

In 1962, after many informal discussions with members of the financial community, the New York Clearing House Association established a Securities Procedures Committee to study the question of developing a standard method of identifying securities. This Committee concluded that a uniform securities identification system was feasible and timely and—because of the magnitude of the problems to be solved and their far-reaching implications—the development of the system should involve the cooperation and support of the entire financial community.

The Clearing House approached The American Bankers Association’s Department of Automation to develop the system. In July 1964, the ABA’s Committee on Uniform Security Identification Procedures (CUSIP) was created under the chairmanship of John L. Gibbons, Chairman of the Trust Committee of Chemical Bank New York Trust Company. The main goals of the CUSIP Committee were to develop specifications for a uniform security identification system, for devising a format for imprinting the identification number on the certificate in man/machine readable type font, and to establish an agency to administer the identification system according to specifications.

The CUSIP Committee appointed three subcommittees: The Technical Subcommittee to develop specifications, and Legal and Agency Subcommittees to implement the system.

 

 Development of the CUSIP Number

In developing specifications for the numbering system, the CUSIP Technical Subcommittee found two needs: 1) that the number should contain as few characters as possible, and 2) that it should be linked to an alphabetic sequence of issuer names. Also, the number should be capable of meeting future as well as present operating requirements; that it must be adaptable to the internal systems of all users, to communications systems, to automated document reading, etc.; and that the structure of the system should allow each user to assign numbers to securities or other assets not covered by the CUSIP System.

 

In January 1967, the ABA announced the development of a CUSIP numbering system which met as closely as possible these criteria. This system is explained in detail in this Introduction. Basically, the CUSIP number consists of nine characters, the first six of which uniquely identify the issuer and have been assigned to issuers in alphabetic sequence, and two other characters (alphabetic or numeric) which identify the issue.

The ninth digit is the check digit.

 

 WHO ENDORSES THE CSB GLOBAL IDENTIFICATION NUMBER?

The CSB global identification system has been endorsed by all major segments of the financial community including:

American Bankers Association

American Stock Exchange

Bond Market Association

Canadian Depository for Securities Ltd.

Depository Trust & Clearing Corporation

Government Finance Officers Association of the U.S. & Canada

Loan Syndications and Trading Association

Midwest Stock Exchange

Municipal Securities Rulemaking Board

National Association of Securities Dealers

National Association of Variable Annuities

New York Stock Exchange

Philadelphia Depository Trust Company

Philadelphia Stock Exchange

Philadelphia Stock Exchange

Securities and Exchange Commission

Securities Industry and Financial Markets Association

 

  WHO CONTROLS THE CUSIP NUMBERING SYSTEM?

The operation of the CUSIP numbering system is controlled by the CUSIP Board of Trustees. Through the work of the CUSIP Legal and Agency Subcommittees, the CUSIP service functions were outlined and Standard & Poor’s was awarded the contract to function as the CUSIP Service Bureau, the operational arm of the system, which is responsible among other functions for the compilation and distribution of CUSIP Services.

WHAT FINANCIAL INSTRUMENTS ARE COVERED BY THE CUSIP NUMBERING SYSTEM?

General interest is the primary consideration in determining what financial instruments are covered by the CUSIP identification system, provided appropriate documentation is supplied to the CUSIP Bureau in requesting the assignment of a CUSIP number.

TO REQUEST A CSB IDENTIFIER

Refer to the “CUSIP REQUEST†link on www.cusip.com to view the types of documents that should be sent to the CSB when making a request for a CSB identifier.

CSB AGENTS

CSB is the U.S. National Numbering Agency and has agents in countries such as

            • Canada

            • Bermuda

            • The Cayman Islands

            • Jamaica

 

CSB is also the representative agency for countries in South America. Because of this, it was necessary to develop a separate identification system to designate CSB-assigned securities from these jurisdictions. For instruments within these regions, an ISIN identifier is created by taking a 9-digit CINS, adding a 2-digit ISO country prefix and then adding a computer-generated check digit to the end (position 12). A CSB ISIN will always contain the CINS identifier in positions 3-11. The Canadian Depository for Securities Limited 85 Richmond Street West Toronto, Canada M5H2C9 Phone (416) 365-3552

Bermuda Stock Exchange Mr. Neville Caines 3 F. Washington Mall Church Street Hamilton, Bermuda HMFX Phone (441) 292-7212 Fax (441) 292-7619 E-Mail: ncaines@... Cayman Islands Stock Exchange Ms. Sandy McFarlane Elizabethan Square G.T. Grand Cayman Cayman Islands Phone (345) 914-1895 Fax (345) 945-6061 E-Mail: sandymcfarlane@... Jamaica Stock Exchange Mr. Wentworth Graham Assistant General Manager Market Operations & Trading 40 Harbour Street Kingston, Jamaica Phone (876) 922-0806 Fax (876) 922-6966

E-Mail: trading@...

 

 THE CUSIP NUMBERING SYSTEM

The CUSIP number consists of nine characters: a base number of six characters known as the issuer number, the 4th, 5th and/or 6th position of which may be alpha or numeric and a two character suffix (either numeric or alphabetic or both) known as the issue number. The ninth character is a check digit which is described later.

Issuer Number

A single alphabetical file of corporate, municipal, and government issuers has been developed, and an issuer number of six characters has been assigned to each in alphabetical sequence. One number will be assigned to an issuer, except in those few cases where the issue numbers are not sufficient to accommodate all outstanding issues with their various rates and maturities, such as U. S. Governments and certain municipalities or states. In such instances, one or more additional issuer numbers will be assigned.

Gapping Factors: Gapping factors have been incorporated throughout the numbering system to allow for future file expansion; these are described more fully below.

Provision for Overflow: Issuer numbers (900 to 989 in each group of 1,000 numbers) have been reserved for overflow. These overflow numbers will be assigned in ascending sequence to any new issuer that cannot be accommodated at the proper alphabetical position in the preceding group of issuer numbers. Such names are always in a positively identifiable position as the number assigned will contain a 9 in the hundreds position.

Issuer Numbers Reserved for Internal Use: Issuer numbers (990 to 999 and 99A to 99Z in each group of 1,000 numbers) have also been reserved for the user’s own purpose. This permits a user to assign an issuer number to any issuer which might be relevant to his holdings but which does not quality for coverage under the CUSIP numbering system. Other issuer numbers (990000 to 999999 and 99000A to 99999Z) are also reserved for the user so that they may be assigned to non-security assets or for other internal operating purposes. Thus, with the addition to at least two numeric digits in the issue number field, a minimum of three million numbers is available to the user for numbering internal miscellaneous assets.

 

 

The alphabetic character Z in the 5th and 6th position has been reserved for use by the Canadian Depository for Securities.

The following chart illustrates the assignment of CUSIP issuer numbers.

ILLUSTRATION OF ASSIGNMENT OF CUSIP ISSUER NUMBERS

Issuer Number

000000

000001

Not Assignable

000002

1st Issuer Number Assigned

000003

2nd Issuer Number Assigned

000004

3rd Issuer Number Assigned

000020

etc.

112th Issuer Number Assigned

000892

000900

Reserved for Overflow

to

000989

000990

00099A

Reserved for User’s Internal Use

to

And

to

000999

00099Z

113th Issuer Number Assigned

001000

114th Issuer Number Assigned

001008

 

 The Issue Number

The issue number uniquely identifies each individual issue of an issuer. (Each individual rate and maturity is considered a separate issue for numbering purposes.) The issue number consists of two numeric characters when assigned to equity securities and two alphabetic characters—or one numeric and one alphabetic character—when assigned to fixed income securities (this permits the user to differentiate between issues in the two groups).

Issue numbers are assigned in sequence as each issue is originated. However, in the setting up of the CUSIP numbering system and in the assignment of numbers to issues then in existence, numbers were assigned on the basis of rate and maturity and no consideration was given to the original date of issue.

 

 Issue Numbers for Equity Securities: The first issue number for an issuer’s equity securities is 10 (blanks in the issue number position indicate this is an issuer; in some cases only an issuer number has been assigned—as additional information is gathered, it will be added to the CUSIP file). The unit position of the equity number is used to identify rights, warrants and so on and is assigned on an as-available basis. When there are insufficient tens positions available for all individual issues, the necessary additional numbers are found through the use of the first open two-position digit in reverse sequence starting with 88 and assigned in descending order. (see illustration below) Issue numbers 00-09 are reserved for future use.

Options: Issue number 01 has been designated to identify options for an issuer.

Overflow Linkage: Issue Number 89 will be reserved for overflow linkage and will not be assigned to a specific issue.

 

 Issue Numbers for Fixed Income Securities: The issue number assigned to an issuer’s fixed income securities may consist of two alphabetic characters (AA etc.), one alphabetic character followed by one digit (A2 etc.), or one digit followed by one alphabetic character (2A etc.), assigned in that order. A separate issue number is assigned to each rate and/or maturity for each issue of bonds—thus a serial bond having 40 different maturities is assigned 40 separate issue numbers—but general obligations of a municipality having the same issue date, rate and maturity are normally assigned the same number regardless of purpose. The alphabetic letter “I†and numeric “1†as well as the alphabetic “O†and numeric zero are not used in the assignment of issue numbers to fixed income securities.

Overflow Linkage: Issue Number 9Z will be reserved for overflow linkage and will not be assigned to a specific use.

 

 Issue Numbers Reserved for Internal Use: Issue Numbers 90 through 99 in the equity group, and 9A through 9Y in the fixed income group, are reserved for the user specifically for assignment to those issues of an eligible issuer where no CUSIP issue number has been assigned.

 

CHECK DIGIT

In data transmission, when accuracy of the number may represent the only means of identification, the use of a check digit becomes mandatory as it provides the means of mathematically determining the accuracy of the whole number transmitted. For this reason it is necessary to use the full nine digits of the CUSIP code.

A check digit based on the Modulus 10 Double Add Double technique will be assigned to each CUSIP security number. Modulus 10 was selected over the other systems because it provides the greatest degree of reliability without the loss of any available numbers.

The illustrations below will clarify the manner of calculation of a Modulus 10 Double Add Double check digit.

Illustration 1

Issuer Number 837649 Issue Number 12

837649x 1x 2x 1x 2x 1x 2867124 18 12x 1x 214

Thus, 8 + 6 + 7 + 1 + 2 + 4 + 1 + 8 + 1 + 4 = 42

The complement of the last digit of the sum becomes the check digit. The complement of 2 is 8; therefore, the CUSIP number with optional check digit would appear as 837649 12 8

In the calculation of the check digit, alphabetic characters will be assigned a numeric value. The letter A will be 10; and the value of each subsequent letter will be the preceding letter’s value incremented by 1. Normally, validation of the number would be made internally within a computer, using a relatively simple program.

Illustration 2

Issuer Number 392690 Issue Number QT

392690x 1 x 2x 1x 2x 1x 23182129 0 26(Q)29(T)x 1x 22658

Thus, 3 + 1 + 8 + 2 + 1 + 2 + 9 + 0 + 2 + 6 + 5 + 8 = 47; the complement of

7 is 3, and the CUSIP number with check digit would appear 392690 QT 3

To avoid confusion, the fixed income issue number assignments have omitted the alphabetic “I†and numeric “1†as well as the alphabetic “O†and numeric zero. However, in the check digit computation described above, the value of “Z†is 35.

A check digit has also been computed for Issuers assigned a six character issuer number.

Alpha characters and their equivalent numerical values

Alphabetic characters are assigned a numeric value. The letter A will be 10; and the value of each subsequent letter will be the preceding letter’s value incremented by 1:

A = 10

F = 15

K = 20

P = 25

U = 30

* = 36 (PPN System)

B = 11

G = 16

L = 21

Q = 26

V = 31

@ = 37 (PPN System)

C = 12

H = 17

M = 22

R = 27

W = 32

# = 38 (PPN System)

D = 13

I = 18

N = 23

S = 28

X = 33

E = 14

J = 19

O = 24

T= 29

Y = 34

Z = 35

 

THE CUSIP DESCRIPTIVE SYSTEM

As well as developing a standard method for identifying issuers and issues (i.e. the CUSIP numbering system just discussed), the CUSIP Committee also developed a standard security description system to provide for a consistent and concise description of an issue for use throughout the securities industry.

This descriptive system provides that each security shall be uniformly identified with a description which includes the following three elements of data arranged in the order shown:

1. The CUSIP number (i.e. the nine character issuer and issue number with check digit);

2. The issuer’s name in a standard abbreviated form;

3. The description of the issue.

The details of the specifications for the uniform issuer’s name and description of the issue follows.

GENERAL SPECIFICATIONS FOR SECURITY DESCRIPTIONS

            A. All security descriptions shall be based on the following specifications, except where common industry usage differs. These exceptions are indicated throughout by reference to “custom†dictating a deviation from the specified standard. The CSB will be the final authority as to the interpretation of “custom.â€

            B. There shall be one standard name description for an issuer, and this description shall be used for all issues of that issuer. Although the complete descriptions of all issues of an issuer presently outstanding may fit within the prescribed description format without the need for abbreviation, there is no guarantee that future issues will. Therefore, in order to provide for possible expanded descriptions, the rules for abbreviations outlined herein shall be mandatory, rather than permissive.

 

            G. The maximum length of a complete security description (issuer and issue data) shall be one hundred and twenty (120) characters, including spaces. It shall be structured to produce a description of no more than four (4) lines of thirty (30) characters each.

 RULES CONCERNING THE DESCRIPTION OF AN ISSUE

The description of the issue will contain the following elements of information in the sequence indicated, depending on the type of security being described:

Equity Fixed Income

> Class—common, preferred, etc. Currency of issue, if required

— Type—mortgage, debenture, collateral, trust, equipment.

— trust, etc

Purpose, if required.

Modifier words such as refunding, prior, first, etc. Same

(in standard abbreviated form) shall precede the class

or type. The modifier word ‘’convertible†shall follow

the class—type, series, etc., and immediately precede

the rate or conversion date, if required.

> — Dated date, (municipal issue date; corporate if available)

> Series designation, if any Same, if required

> Par value, if required —

> Dividend rate, if stated Rate

> Expiration date, it any Maturity, including optional date if any.

The description of an issue shall conform to the following rules. However, under certain circumstances, in order to comply with the basic requirement of fitting the description within 120 characters (4 lines of 30 characters each), these rules may be amended at the discretion of the CSB.

 

 1. Security Description

CUSIP “Security Description Systems†states that “one space shall separate all words within the issuer’s name and issue descriptionâ€. To conserve space, the issuer title appears first in the Directory followed by all the related issues. Valid CUSIP descriptions, however, must combine the issuer and issue description.

 

Those issuers and issues eligible for inclusion in the CUSIP Master Service are described under “WHAT FINANCIAL INSTRUMENTS ARE COVERED BY THE CUSIP NUMBERING SYSTEM.†The CUSIP Agency has sole jurisdiction on whether the qualifications for inclusion have been met.

 

 

Syndicated Loans

Effective January 2003, CUSIP numbers were assigned to privately-negotiated syndicated loans in the corporate loan market. In a joint effort with the Loan Syndications and Trading Association (LSTA), the CUSIP Service Bureau developed special applications to accommodate the unique features of syndicated loans. CUSIP numbers are assigned at the deal and facility level

Private Placements

The National Association of Insurance Commissioners (NAIC) in October 1988 mandated the use by insurers of a uniform private placement number (PPN) to identify such investments in their annual statements filed with State Regulatory Authorities. Standard & Poor’s CUSIP Service Bureau was selected by the NAIC to create, assign and administer the PPN system primarily for the Insurance Industry.

Requests for a Private Placement Number (PPN) can be submitted electronically from the

CUSIP REQUEST link on the CUSIP home page – www.cusip.com

For more information, contact: CUSIP Service Bureau - Customer Service Department at (212) 438-6500

International Issues

For securities and other financial instruments actively traded on an international basis, which are either underwritten (debt issues) or domiciled (equities) outside the United States and Canada, the security will be identified by a CINS (CUSIP International Numbering System) number.

This number was developed in 1988 by Standard & Poor’s and Telekurs (USA) in response to the North American securities industry’s need for a 9-character identifier of international securities. CINS numbers appear in the International Securities Identification Directory (ISIDPlus Services), which is co-produced by Standard & Poor’s and Telekurs (US).

The ISIDPlus Services contain over one million financial instruments and include the CINS number, ISIN codes, as well as cross-references to all major international numbering systems. ISIDPlus has been designed to minimize the impact on back-office systems and operations, while facilitating cross-border communications among global custodians, depositories, banks, securities organizations, and exchanges.

CINS numbers employ the same Issuer (6 characters)/Issue (2 character & check digit) concept espoused by the CUSIP Numbering System, which is described in detail on the following page. It is important to note that the first position of a CINS code is always represented by an alpha character, signifying the Issuer’s country code (domicile) or geographic region:

A = Austria

E = Spain

J = Japan

N = Netherlands

S = South Africa

W = Sweden

B = Belgium

F = France

K = Denmark

P = South America

T = Italy

X = Europe—Other

C = Canada

G = United Kingdom

L = Luxembourg

Q = Australia

U = United States

Y = Asia

D = Germany

H = Switzerland

M = Mid-East

R = Norway

V = Africa—Other

 

The ISIDPlus Services provide a cross-reference to major national securities numbers including the International Securities Identification Number (ISIN). Major national numbering systems are incorporated in ISIDPlus including:

Argentina

Canada

Germany

Mexico

Spain

Austria

Common Code

Italy

Netherlands

Switzerland

Belgium

Denmark

Japan

Panama

United Kingdom

Brazil

France

Luxembourg

Peru

United States

 

ISIDPlus services are available via transmission and Internet look-up services. Updates for the electronic services are available daily or weekly.

CUSIP is a registered trademark of the American Bankers Association

 

Standard & Poor’s CUSIP Service Bureau

55 Water Street – 45th Floor

New York, NY 10041

 

 

 

 

 

 

 

 

 

 

 

 

 



John-Chester: Stuart: sovereign without subjects

623-206-4339
mobinem@...
c/o postal service location
21001 N. Tatum Blvd. Suite 1630472
Phoenix, Arizona republic cf 85050 cf




See what's new at AOL.com and Make AOL Your Homepage.

#15435 From: mobinem@...
Date: Wed Oct 24, 2007 1:35 pm
Subject: real law
mobinem@...
Send Email Send Email
 
This question pertains to the real law, not the man's law that we usually discuss.
 
Has anyone noticed any correlation between pagan Schwarzenegger  signing of the most blasphemous political doctrine in history and the sudden catastrophes in California? I know the scriptures allude to certain events brought about by evil leadership, but I would like the actual verses more specific to this scenario.
 
I already have the obvious ones, Sodom, Gomorra, the plagues. Something a little less known and more exact would be greatly appreciated. Or if you think I might have overlooked something about one of the obvious ones.
 
My sincere condolences to those of you in California.


John-Chester: Stuart: sovereign without subjects

623-206-4339
mobinem@...
c/o postal service location
21001 N. Tatum Blvd. Suite 1630472
Phoenix, Arizona republic cf 85050 cf




See what's new at AOL.com and Make AOL Your Homepage.

#15436 From: "jjmozingo2002" <jjmozingo@...>
Date: Thu Oct 25, 2007 2:39 am
Subject: Re: New IRS 'frivolous' positions subject to $5000 fine
jjmozingo2002
Send Email Send Email
 
FF,

It's easy.  It's all frivolous.

Just hand over whatever the computer tells you like a good little slave.

Don't ask any questions.....Questions are frivolous.

Don't quote the code....The code is frivolous.

The only thing that isn't frivolous is handing over what the computer
tells you to hand over.

Resistance is frivolous.

--- In tips_and_tricks@yahoogroups.com, "Frog Farmer" <frogfrmr@...>
wrote:
>
> > > 12. In a transaction using gold and silver coins, the value of the
> > coins is
> > > excluded from income or the amount realized in the transaction is
> > the face
> > > value of the coins and not their fair market value for purposes of
> > determining
> > > taxable income.
>
> I receive rolls of nickels every day.  Each one has a face value of $2.
>
> The government just passed a law saying you cannot melt nickels for
> their fair market value.  They claim it costs ten cents to make each
> nickel token, giving each roll a fair market value of $4.
>
> So, assuming I owe income tax on my nickels, how would they have me
> report them in order not to appear too frivolous?  I need to know.
>
> Regards,
>
> FF
>

#15437 From: "Frog Farmer" <frogfrmr@...>
Date: Thu Oct 25, 2007 6:35 pm
Subject: RE: U.S. District Court Fees (District of Alaska)
originalfrog...
Send Email Send Email
 
> From: The Handyman [mailto:ebobie@...] wrote:

> Gordon Epperly is an Alaskan Patriot that works very hard at
> litigation.  Like all of us he
> Is the target of corrupt Judges trying to financially destroy him. Be
> sure to read the
> Link below. I've been complaining about court  fees since January.
> All courts, state
> and federal, have gone up.

James Allen Daum pays no fees.  He sees doing so as a waiver of rights,
and he sees the attempt to collect them as an attempt to get a person to
waive rights.  Many see going into United States District Courts as a
waiver as opposed to using the District Court of the United States.
Today people tend to use what is offered them (convenience and
expedience) and do not seek out that which is hidden from them
(requiring time and effort).

When only evidence of debt circulates as money among a deceived people,
those deceived ones are forced to become either debtors or creditors.
Those professing to be Christians obeying Scripture are placed in a
dilemma.

There is an economy that avoids debt and uses substance lawfully defined
as money in this country.  That economy is ignored by the corporate
fascists who would prefer that it be wiped out, so people looking for
confirmation of its existence have to look a little harder to find it.
People often express wonder and amazement that such an economy exists,
and often question aloud how such a thing could work.  Few realize it
was everyday American life from 1792 until after 1964.  Those who
remember should be hard to fool; those born after that should be
expected to be totally fooled.

Regards,

FF

#15438 From: "Frog Farmer" <frogfrmr@...>
Date: Thu Oct 25, 2007 6:16 pm
Subject: RE: Re: request for tips and tricks
originalfrog...
Send Email Send Email
 
jlaporte02@... wrote:

> Here's the chapter on coins and currency from the US code
> http://www.law.cornell.edu/uscode/html/uscode31/usc_sup_01_31_08_IV_10
> _51.html

I read it just to see if anything was new or contradictory to
established laws.

> Gold bullion coin act 1985

> The people working for Kahre were independent contractors.
> As such they had a contract to be paid in gold and silver.

Paid what?  Dollars or ounces, of gold or silver?

> Doesn't mean that what they did was legal. That remains to be
> seen.

I guess, for some.  For some, like the blind, everything will remain to
be seen.  For others, there's no question.

For those born yesterday, or even as recently as ten or twenty years
ago, that "chapter" of code might be the only information taken into
consideration when contemplating the situation with money today.  Older
folks who've been paying attention to money for a lot longer know that
many omissions have been made to the code (not repeals, just stuff "left
out", statutes and laws still valid, yet unannotated), since code is
only evidence of the law and not the law itself.  As I read what they've
left in the code for newbies to read, I see a lot of smoke and mirrors
and obfuscation and downright illiteracy on the part of the writers.
I'm not going to tear it apart here; that would be better saved should
the minions ever decide to take me on in my own cases.  What I'd really
like to see is the top secret files that explain to anyone WHY certain
things are still there!  For example, can anyone describe this situation
and who it might be involving:

(f) Notwithstanding any other provision of law, an amount equal to the
amount by which the proceeds from the sale of the coins issued under
section 5112(i) of title 31, United States Code, exceed the sum of -
       (1) the cost of minting, marketing, and distributing such coins,
and
       (2) the value of gold certificates (not exceeding forty-two and
two-ninths dollars a fine troy ounce) retired from the use of gold
contained in such coins,
shall be deposited in the general fund of the Treasury and shall be used
for the sole purpose of reducing the national debt.
------

I thought gold certificates were no longer being honored!  Apparently,
they are, for some people.  Who might they be?  Rockefellers and other
central bankers?

"Forty-two and two-ninths dollars a fine troy ounce" has what
significance today?  Apparently it has some.  Actually, the two laws
offered, the code and the 1985 gold act are just more attempts at
obfuscation and deception that become evident when trying to reconcile
their provisions with existing unrepealed monetary laws.  For example:
the word "amount" is used without ever specifying "amount of what".  The
word "dollar" is defined in terms of its fractions, which is ridiculous.

People might notice if the definition of "pound" was "16 ounces" and the
definition of "ounce" was "1/16th of a pound".  They fail to notice the
absurdity of the current code definition of "dollar" most likely because
in their brief stay on the planet they've never been exposed to the
concept of the dollar being a unit of measurement of some thing.  Units
don't exist by themselves.  They need a physical manifestation to
connect the concept to reality.  Congress has not yet explained
everything that is logical in code, and most likely never will.  They
will never pass a law saying that when it rains, things get wet! Some
things are just going to have to be understood prior to congress
explaining them. Some things like money used to be widely understood by
a majority.  This was when real money was even in the pockets of bums
and hoboes, and children of 6 years old, like I was when I learned about
it.  Today people drowning in debt and driving expensive cars have never
held an amount of money equal to the amount a bum used to use to buy
coffee 50 years ago. This is what permits the illiteracy seen in the
codes, where the official notations are mostly comments upon what
"probably should have been" but was not written.  Also, did anyone
notice that the "secretary" could ignore just about any of those
provisions "in his discretion"?  Which secretary is that, the Secretary
of the Treasury of the United States of America, or the Secretary of the
Treasury of the International Monetary Fund?  The first office no longer
exists, does it?

Another point to ponder is when did the lawful established distinction
between "coined money" and "token coinage" disappear from public
consciousness such that now people refer to the latter as the former?
It apparently has occurred, but when and why?  I blame it on public
diseducation after 1970.

These recent attempts to hide the fraud really do a poor job of it for
anyone who has read and followed monetary law from the beginning.  The
ignorance of the writers is so apparent; they were either grossly
ignorant, or paid to do the best job of obfuscation possible, which was
a poor attempt.

When I was in school, in math class, I did learn about a thing called
"absolute numbers":

"The absolute value of x, denoted "| x |" (and which is read as "the
absolute value of x"), is regarded as the distance of x from zero. This
is why absolute value is never negative; absolute value only asks "how
far?", not "in which direction?". This means that | 3 | = 3, because 3
is three units to the right of zero, and also | -3 | = 3, because -3 is
three units to the left of zero."

This is the only way "three FRNs = three dollars".  In the past, and
according to law, money was physical metal that could be coined,
meaning, made into round pieces each of a standard weight and purity.
Today, apparently, people think "coined" means something else, maybe
like they "coin an expression".  Today, they think in dollars as they
would with absolute numbers, such that to them, "one dollar" could be
either a dollar in the hand (present), or a dollar of debt (absent).

There is a difference between money and debt (money not present, but due
and owing).  People don't appear to realize yet that FRNs are evidences
of debt, even though the laws clearly make that distinction.  People for
some reason fail to note that the absence of a thing cannot be equal to
the thing, unless one is thinking in the abstract terms of "absolute
numbers", then $100 of debt can "become" $100 of money in the mind of
one so disposed to think in terms of absolute numbers only, where
positive and negative have no place in the calculations.  People who
consider $1 of debt (1 FRN) to be equal to $1 of money are living in a
dream world they've been led to live in through propaganda and vast
resources spent on deception.  Until they see and can articulate the
difference they will be victimized by the central bankers who produce
debt in unlimited amounts far exceeding the amount of money ever coined.
They fail to note that papers were always tokens for the coined money
and were never the money itself.  Today, people believe that the symbol
for something is equal to the thing represented, but they never look
into whether or not too many symbols have been put into circulation
compared to the amount of money they were made to represent.  Some
people, even if you show them the numbers, believe that something
numbering, for example, "ten" can be increased by only increasing the
number of symbols representing it, for example, to "one hundred".  Then
you have two groups of people, some knowing only the ten things exist,
but a larger group trading 100 coupons for those 10 things.  Obviously,
90% of the coupons will never be redeemed for their stated value.  And
so some people say, "no problem, I'll pass the coupons off to someone
else for something real and so I will never suffer the consequences."
This works until the majority realizes that money has to be a positive
number, and debt is a negative number, and that absolute numbers don't
work in the real world to eliminate the obvious differences between
having money and having debt.

Regards,

FF

#15439 From: mobinem@...
Date: Thu Oct 25, 2007 4:47 pm
Subject: phot radar
mobinem@...
Send Email Send Email
 
Attached are the documents I have made for photo radar problems in Arizona.
The first one should stop them from ever ticketing you.
The second is incase they argue with the first.
The third is in case you already have a ticket.
Actual attorneys have checked them out and agree they should work. So far they have.
 


John-Chester: Stuart: sovereign without subjects

623-206-4339
mobinem@...
c/o postal service location
21001 N. Tatum Blvd. Suite 1630472
Phoenix, Arizona republic cf 85050 cf




See what's new at AOL.com and Make AOL Your Homepage.

#15440 From: mel caljics <mcaljics@...>
Date: Fri Oct 26, 2007 5:26 am
Subject: Legal Bear to be on Mels Bar and Grill show Sunday
mcaljics
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This week’s show on Mel’s Bar and Grill will be on a topic too close to many of our wallets, our families, our homes, and our rights.  The topic is REMOVAL OF IRS LIENS AND LEVIES.  Barry Smith from the group, “Tips and Tricks” will be speaking on the tremendous amount of research that he has done, on getting IRS liens and levies removed.  He has been very successful in training others to have the liens and levies removed from the oppression of abusive agents.  This is going to be a dynamite show.  Don’t miss it.
Mel’s Bar and Grill
go to listen, or
 
Sunday, October 28, 2007  6-8pm pacific time
 
Also check out Liberty Forum with John Bryant 4-6 pm.

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#15441 From: "The Handyman" <ebobie@...>
Date: Fri Oct 26, 2007 7:43 pm
Subject: Federal money being used to bait
threehandedman
Send Email Send Email
 
This is old but NEw members may enjoy
 

The Wild and Free Pigs of the Okefenokee Swamp
 
By Steve Washam based on a telling by George Gordon
 
Some years ago, about 1900, an old trapper from North Dakota hitched up
Some horses to his Studebaker wagon, packed a few possessions,
especially
His traps-and drove south.
 
Several weeks later he stopped in a small town just north of the
Okefenokee Swamp in Georgia. It was a Saturday morning-a lazy day-when
He walked into the general store. Sitting around the pot-bellied stove
Were seven or eight of the town's local citizens. The traveler spoke,
"Gentlemen, could you direct me to the Okefenokee Swamp?"
Some of the old-timers looked at him like he was crazy. "You must be a
Stranger in these parts," they said. "I am. I'm from North Dakota,"
said the stranger. "In the Okefenokee Swamp are thousands of wild hogs,"
 
One old man explained. "A man who goes into the swamp by himself asks to
 
Die!" He lifted up his leg. "I lost half my leg here, to the pigs of the
 
Swamp." Another old fellow said, "Look at the cuts on me; look at my
Arm bit off!"
 
"Those pigs have been free since the Revolution, eating snakes and
Rooting out roots and fending for themselves for over a hundred years.
They're wild and they're dangerous. You can't trap them. No man dare
Go into the swamp by himself." Every man nodded his head in agreement.
 
The old trapper said, "Thank you so much for the warning. Now could
You direct me to the swamp?" They said, "Well, yeah, it's due
South-straight down the road." But they begged the stranger not to go,
Because they knew he'd meet a terrible fate. He said, "Sell me ten
Sacks of corn, and help me load them into the wagon." And they did.
 
Then the old trapper bid them farewell and drove on down the road. The
townsfolk thought they'd never see him again. Two weeks later the man
Came back. He pulled up to the general store, got down off the wagon,
Walked in and bought ten more sacks of corn. After loading it up he
Went back down the road toward the swamp.
 
Two weeks later he returned and, again, bought ten sacks of corn. This
Went on for a month. And then two months, and three. Every week or two
the old trapper would come into town on a Saturday morning, load up
Ten sacks of corn and drive off south into the swamp.
 
The stranger soon became a legend in the little village and the subject
Of much speculation. People wondered what kind of devil had possessed
This man, that he could go into the Okefenokee by himself and not be
Consumed by the wild and free hogs. One morning the man came into town
As usual. Everyone thought he wanted more corn. He got off the wagon and
 
Went into the store where the usual group of men were gathered around
the stove. He took off his gloves. "Gentlemen," he said, "I need to hire
 
About ten or fifteen wagons. I need twenty or thirty men. I have six
Thousand hogs out in the swamp, penned up, and they're all hungry.
I've got to get them to market right away."
 
"You've WHAT in the swamp?" asked the storekeeper, incredulously.
"I have six thousand hogs penned up. They haven't eaten for two or
Three days, and they'll starve if I don't get back there to feed and
Take
Care of them." One of the old-timers said, "You mean you've captured
The wild hogs of the Okefenokee?""That's right."
 
"How did you do that? What did you do?" the men urged, breathlessly.
One of them exclaimed, "But I lost my arm!" "I lost my brother!" cried
Another. "I lost my leg to those wild boars!" chimed a third. The
Trapper
Said, "Well, the first week I went in there they were wild all right.
They hid in the undergrowth and wouldn't come out. I dared not get off
The wagon. So I spread corn along behind the wagon. Every day I'd
Spread a sack of corn."The old pigs would have nothing to do with it.
But the younger pigs decided that it was easier to eat free corn than it
 
was to root out roots and catch snakes. So the very young began to
Eat the corn first.
 
"I did this every day. Pretty soon, even the old pigs decided that it
Was easier to eat free corn, after all, they were all free; they were
Not
Penned up. They could run off in any direction they wanted at any
Time. "The next thing was to get them used to eating in the same place
All the time. So, I selected a clearing, and I started putting the corn
in
the clearing." At first they wouldn't come to the clearing. It was too
far. It was too open. It was a nuisance to them.
 
"But the very young decided that it was easier to take the corn in the
clearing than it was to root out roots and catch their own snakes. And
not long thereafter, the older pigs also decided that it was easier to
come to the clearing every day. "And so the pigs learned to come to
the clearing every day to get their free corn. They could still
subsidize
their diet with roots and snakes and whatever else they wanted. After
all, they were all free. They could run in any direction at any time.
There were no bounds upon them.
 
"The next step was to get them used to fence posts. So I put fence
posts all the way around the clearing. I put them in the underbrush
so that they wouldn't get suspicious or upset, after all, they were just
 
sticks sticking up out of the ground, like the trees and the brush.
The corn was there every day. It was easy to walk in between the
posts, get the corn, and walk back out. "This went on for a week
or two. Shortly they became very used to walking into the clearing,
getting the free corn, and walking back out through the fence posts.
 
"The next step was to put one rail down at the bottom. I also left a
few openings, so that the older, fatter pigs could walk through the
openings and the younger pigs could easily jump over just one rail,
after all, it was no real threat to their freedom or independence-they
could always jump over the rail and flee in any direction at any time.
 
"Now I decided that I wouldn't feed them every day. I began to feed
them every other day. On the days I didn't feed them, the pigs still
gathered in the clearing. They squealed, and they grunted, and they
begged and pleaded with me to feed them-but I only fed them every
other day. Then I put a second rail around the posts. "Now the pigs
became more and more desperate for food. Because now they were
no longer used to going out and digging their own roots and finding
their own food, they now needed me.
They needed my corn every other day." "So I trained them that I would
feed them every day if they came in through a gate and I put up a
third rail around the fence. "But it was still no great threat to their
freedom, because there were several gates and they could run in and
out at will.
 
"Finally I put up the fourth rail. Then I closed all the gates but
one, and I fed them very, very well." "Yesterday I closed the last gate
and today I need you to help me take these pigs to market."
 
The price of free corn. The parable of the pigs has a serious moral
lesson. This story is about federal money being used to bait, trap and
enslave a once free and independent people. Federal welfare, in its
myriad forms, has reduced not only individuals to a state of
dependency; state and local governments are also on the fast track to
elimination, due to their functions being subverted by the command
and control structures of federal "revenue sharing" programs.
 
Please copy this parable and send it to all of your state and local
elected leaders and other concerned citizens.
 
Tell them: "Just say NO to federal corn." The bacon you save may be
your own.
 
--
**COPYRIGHT NOTICE** In accordance with Title 17 U. S. C. Section 107,
any copyrighted work in this message is distributed under fair use
without profit or payment to those who have expressed a prior interest
in receiving the included information for nonprofit research and
educational
 
 

I  do not have a "BEER GUT" –

I have  a "LIQUID GRAIN STORAGE FACILITY."
Free Animations for your email - By IncrediMail! Click Here!

#15442 From: mobinem@...
Date: Sat Oct 27, 2007 4:42 pm
Subject: Title 26 165 g
mobinem@...
Send Email Send Email
 

 Title 26 section 165 g WORTHLESS SECURITIES. 1 GENERAL RULE. —If any security which is a capital asset becomes worthless during the taxable year, the loss resulting therefrom shall, for purposes of this subtitle, be treated as a loss from the sale or exchange, on the last day of the taxable year, of a capital asset. 2 SECURITY DEFINED. —For purposes of this subsection, the term “security†means —A a share of stock in a corporation;B a right to subscribe for, or to receive, a share of stock in a corporation; or C  a bond, debenture, note, or certificate, or other evidence of indebtedness, issued by a corporation or by a government or political subdivision thereof, with interest coupons or in registered form.

So, a note issued by a government subdivision that is evidence of a debt is a worthless security and thusly has no value and shall not be used to compute taxes.
 
Dah!!


John-Chester: Stuart: sovereign without subjects

623-206-4339
mobinem@...
c/o postal service location
21001 N. Tatum Blvd. Suite 1630472
Phoenix, Arizona republic cf 85050 cf




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#15443 From: "blackspatula" <blackspatula@...>
Date: Sun Oct 28, 2007 5:27 am
Subject: Orders Entered in Violation of Rules of Civil Procedure By New Judge
blackspatula
Send Email Send Email
 
I am looking for suggestions for my next move with regard to a judge
who entered orders in favor of a "corrupt court appointed attorney"
without following the Rules of Civil Procedures and for tips on how to
get the judge to grant me an opportunity for an evidentiary hearing so
that I might expose how the court appointed attorney violated the law.
The court-appointed attorney is a lackey for the court and seems to be
untouchable.   I am in the state of Colorado,

My adversary, the court-appointed attorney, filed a motion for fees
and costs for "having to" participate in the Court of Appeals to
"defend" an order the court entered against me for the attorney's
fees.  (The attorney was not a party to the case.  The attorney
requested attorney fees in the Court of Appeals, and was denied.  So
the attorney went back to the district court and requested fees there.)

I filed a Motion for More Definite Statement of the attorney's claim
for fees requesting the attorney to clarify some of the statements in
her motion.  I needed clarification of some of the statements in her
claim before I could properly file a response.  In my Motion for More
Definite Statement, I also requested the court hold a hearing
regarding the issues.

The court denied my Motion for More Definite Statement and entered an
Order for me to pay the attorney's fees in the same order.

Procedurally, the court erred.  The Rules of Civil Procedure require
that the court must first either grant or deny a Motion For More
Definite Statement----and then should have given me 10 days to file a
Response to the Motion for Fees.

I filed a C.R.C.P.  Rule 59 motion requesting the court vacate the
Order¡ and grant me an opportunity to first file a Response to the
Motion before entering any Order.  I again requested the court grant
My motion for an evidentiary hearing.  I also requested that the Court
enter an order that was based on the facts of the case and the law¡ Or
Else transfer the case to a judge who would.

The judge recued herself¡ and transferred the case to a new judge. The
new judge "partially granted" my Rule 59 Motion.  In the judge's
"Order Concerning Respondent's Verified Motion for Relief Pursuant To
C.R.C.P.  Rule 59", the judge denied my Motion for More Definite
Statement, but did grant me 10 days in which to file a Response to The
Attorney's Motion.

I filed a Response, Affirmative Defense, and Counterclaim against The
Attorney.  My counterclaim was based upon the fact that the attorney
violated the law, violated the Chief Justice Directive, and violated
Several Rules of Professional Conduct.  (I gave examples of the
violations.)  I requested the court enter an order requiring the
attorney to reimburse me all of the fees she had collected as a
Sanction (Per C.R.C.P.  Rule 11) and ¡ §13-17-102 (groundless and
frivolous motion) for her violation of the law, Chief Justice
Directives and the Rules of Professional Conduct, plus costs and
damages for having to defend against the attorney's groundless and
frivolous motions.

The attorney did not respond to my Counterclaim within the 20 days
permitted to file a Response.     C.R.C.P.  Rule 7(a) requires a reply
to a counterclaim.  "There SHALL be a complaint and answer, a reply to
a counterclaim denominated as such, and there MAY BE a reply to an
affirmative defense."(A reply to an affirmative defense is permissive.

By failing to deny the averments in my counterclaim, the attorney
effectively ADMITTED TO the averments in my counterclaim. C.R.C.P.
Rule 8(d) states:  "Effect of Failure to Deny" states: "Averments in a
pleading to which a responsive pleading is required are admitted when
not denied in a responsive pleading"

A few days ago, the new judge entered an order "Concerning
Respondent's Motion For Relief Pursuant to C.R.C.P.  Rule 59"  (The
same title used earlier when granting me an opportunity to first
Respond to the attorney's Motion For Fees).

The new judge ignored my counterclaim, and affirmed the same orders
the previous judge entered before I got a chance to file a Response.
The Order stated, "The Court, having heard ample evidence find that an
evidentiary hearing is not necessary to grant the attorney her
fees"(This was a new judge; we had never appeared before the judge¡
the judge could not have possibly "heard" any evidence because the
court denied my motion for an evidentiary hearing.)

The new judge---or even the first judge doesn't have a clue as to what
this case is about.  I want to have an evidentiary hearing so the
judge will clearly understand how the attorney violated the law¡. Etc
¡ and will hopefully report the attorney to the Attorney Regulation
Counsel¡ and the dishonest attorney will get disbarred.    I made
numerous motions for the court to grant me an evidentiary hearing¡ but
the court always denied my motion for hearing.  When I contacted the
court's cler to get several hearing dates set¡ I was told that "the
judge will decide whether he/she wants a hearing.  If the judge wants
to have a hearing, I will let you know. The Colorado Supreme Court has
ruled, "When a party requests a hearing regarding attorney fees and
costs under ¡±13-17-102, the trial court MUST conduct an evidentiary
hearing."  In re Marriage of Aldrich 945 P.2d 1370 (Colo. 1977)

I need to know what my next step should be¡ .Should I file another Rule
59 Motion requesting the court vacate the most recent order and  to
grant an evidentiary hearing, while pointing out the court's errors in
not permitting an evidentiary hearing¡ and by entering an order
without requiring the attorney to respond to my Counterclaim?  I
figure since she failed to respond to my counterclaim¡ she effectively
admitted to the averments and I should win by default.

I feel there is favorable bias towards the attorney because the
attorney appears before these judges each week and she accepts "court
appointments"; .and I am just a lowly pro se that has exposed the
attorney's illegal acts.  The court stymies me by refusing to require
the attorney to provide a more definite statement so that I can
Properly respond to her motion¡ then denies me an evidentiary hearing¡
.and then enters orders in favor of the attorney without requiring the
attorney to file a response to my Counterclaim.

I am stumped¡ does anyone have any Tips and Tricks with regard as to
what my next move should/could be?  I only have about a week left to
file some sort of Motion.

I am sorry that I do not have any money or other items that I can
offer the group to pay for any tips with this issue, however, I can
offer the website address of a free, neat  little program that will
remove all of those annoying "carrots" ( the >> and the <<) from email
messages that Bear hates to much..  Even if you can't offer any
suggestions, I'd be happy to provide the email address if you let me
know that you'd like to have it!

#15444 From: "Zetoolman" <zetoolman@...>
Date: Sun Oct 28, 2007 6:04 pm
Subject: State of vs Republic? And other question
zetoolman
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I have some questions and need some help.

When one is looking to make
a statement about the sovereign state or land area
known as example California. What is proper to say:
State of California or California Republic?

I have researched it and find different opinions. I thought
California Republic was the sovereign free land area.
Am I correct?

  Rights that a man is born with are unalienable,
so, the constitution does not secure those rights, correct??
I think that the constitution is the rules to control the government.
But, many refer to it as the rights of the people. Which is it?

I am working on a status and disclosure affidavit and some things in it do
not
look correct to me. I want to make sure I make the statements correctly!

Like to put "to the best of my knowledge and belief" in a statement that is
supposed to be a fact, I would think that statement
is not a straight fact, but an opinion. In an affidavit, it is only to
contain facts.

Also, refers to State of California, that wording is the artificial
government controlled
area not the sovereign land area known as California. What is correct to
say?

When making the final statement or affirming the affidavit, I have read many
different
ways to do it. I do not want to make it in a way that ruins the who
affidavit by putting me into a different venue I am trying to avoid.
This is what I thought as correct:

I certify under penalty of perjury under the California state common law,
that the foregoing is true and correct.

Further, Affiant saith not.



Any input on all this would be greatly appreciated!

Thanks,
Z

#15445 From: "Ed Siceloff" <siceloff@...>
Date: Sun Oct 28, 2007 9:49 pm
Subject: RE: State of vs Republic? And other question
esiceloff2001
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I just found, in Pennsylvania this reference to counties in their statutes in Pennsylvania Unconsolidated Statutes Title 16,
Article II, paragraph 202:
 

General powers.

Each county shall have capacity as a body corporate to:

  1. Have succession perpetually by its corporate name.
  2. Sue and be sued and complain and defend in all proper courts by the name of the county of ________________
  3. Purchase, acquire by gift or otherwise, hold, lease, let and convey such real and personal property as shall be deemed to be for the best interests of the county.
  4. Make contracts for carrying into execution the laws relating to counties and for all lawful purposes.
  5. Have and use a seal which shall be in the custody of the commissioners thereof. The official acts of the commissioners shall be authenticated therewith. The commissioners may prescribe the form of such seal.
  6. To make appropriations for any purpose authorized by this or any other act of the General Assembly.
 
So, with the understanding of the idea that, in Pennsylvania, the common descriptor name of the place I live at mostly is in the county of Beaver, stipulated in their law, although the counties in Pennsylvania that I have all of my life been addressing are called Beaver County, Allegheny County, etc.etc.  I guess, from the above, that the proper form, and by this statute, the only form of name, is county of Beaver, and not Beaver County.  To name it completely I'd refer to it as county of Beaver, Pennsylvania, united States of America, Yahuwah's Creation.  That last part certainly reflects that most of what we have going on is a mere rebellion, and verbally admits to the presence of this country in Yahuwah's jurisdiction.
  But, I've read that the same is not true for states.  I would suppose that it would depend upon one's purpose in terms of the state's name and the context to which one is referring to it.  My own reference to the sovereign state of Pennsylvania would be to call it merely Pennsylvania, just like I call France, France, and Great Britain, well, Great Britain.  That includes land area, form of government, cities, culture, etc.etc.  And would name the whole shebang.  But, this is argued back and forth. 
 
ed
 

From: tips_and_tricks@yahoogroups.com [mailto:tips_and_tricks@yahoogroups.com] On Behalf Of Zetoolman
Sent: Sunday, October 28, 2007 2:04 PM
To: legalbear7; tips_and_tricks@yahoogroups.com
Subject: [tips_and_tricks] State of vs Republic? And other question

I have some questions and need some help.

When one is looking to make
a statement about the sovereign state or land area
known as example California. What is proper to say:
State of California or California Republic?

.


#15446 From: "Ed Siceloff" <siceloff@...>
Date: Mon Oct 29, 2007 1:18 pm
Subject: State of vs Republic? And other question
esiceloff2001
Send Email Send Email
 
 

And then the second page, cursive and original with the subject text, right at the top of the document:
 
 
 


From: dave [mailto:dwissel@...]
Sent: Monday, October 29, 2007 3:26 AM
To: 'Ed Siceloff'
Subject: RE: [tips_and_tricks] State of vs Republic? And other question

Governments are called “body politic and [body] corporate”. Basically they are rights of assembly…kinda like joining the teamsters.

“STATE OF_____”
”COUNTY OF _____”

 

Are almost dead ringers that one joined the group and aggress to be bound by its bylaws. The most blatant evidence is voting for an official or representative of the “XXX OF YYY”

 

Far better to stay away from the “OF” aspects in my opinion.

 

Nearly anything in these late “State of” Constitutions is : (a) law for government only and (b) usually linked back to federal territory.

 

 
Barry, I'm in a position of not knowing whether to edit the long part of this to the given phrases or not.  Obviously the page with the cursive writing is a picture of the actual document, that I can't edit.  But, I am using the entire transcript for the presence of the phrases, and the fact that it is "The" original constitution to show.  If it needs editing, then I will drop those off.  Spelling errors would be the state archivists and not mine.
 
Group:  A couple of guys wrote offlist to me, in reply, and, at first, I agreed with this, as below expressed by one of them (and I have agreed with this interpretation of "State of" "County of" for quite a while, but then I decided to find the original Pennsylvania Constitution of 1776.  And, well, my former belief, and apparently anybody elses in agreement with the below "sentiment" is called into question, without any further explanation at any rate.  This is very long, because I I didn't want to extract the documentation of the various phrases out of their context.  But, read the modern day transcript first and compare it to the original cursive, in format,  constitution.  I only have the one page of the pictures of the original to show the language in original cursive.  You will see that the main difference is the use of "all caps" in the names, rather than the proper grammar used at that time.  So, unless we take the modern US commercial approach to everything, which we usually understand to have application not until after the War Between the States, and apply it to 1776, the older document belies our thoughts on this.
 
 
I was just checking out state archives.  This gets long.  I'm erasing all previous but you know the context.  On the one document, it will be the transcription of the original Pennsylvania Constitution.  NOTICE that the name is written as today, all caps, without reference to proper grammatical case.  But the terms in the copy of the actual long hand cursive writing are still Commonwealth of Pennsylvania, or State of Pennsylvania, and so, if our interpretation is correct, then it must be applied to the reasons for the original constitutions, as well as for today, which means that there never was a country for freedom like many of us like to believe about the united States of America, or, at least Pennsylvania was not one of those states but was always a mere commercial corporation:
 
First, the transcription.
 
Click here for
printable version

Constitution of Pennsylvania - 1776

WHEREAS all government ought to be instituted and supported for
the security and protection of the community as such, and to enable the individuals who compose it to enjoy their natural rights, and the other blessings which the Author of existence has bestowed upon man; and whenever these great ends of government are not obtained, the people have a right, by common consent to change it, and take such measures as to them may appear necessary to promote their safety and happiness. AND WHEREAS the inhabitants of this commonwealth have in consideration of protection only, heretofore acknowledged allegiance to the king of Great Britain ; and the said king has not only withdrawn that protection, but commenced, and still continues to carry on, with unabated vengeance, a most cruel and unjust war against them, employing therein, not only the troops of Great Britain, but foreign mercenaries, savages and slaves, for the avowed purpose of reducing them to a total and abject submission to the despotic domination of the British parliament, with many other acts of tyranny, (more fully set forth in the declaration of Congress) whereby all allegiance and fealty to the said king and his successors, are dissolved and at an end, and all power and authority derived from him ceased in these colonies. AND WHEREAS it is absolutely necessary for the welfare and safety of the inhabitants of said colonies, that they be henceforth free and independent States, and that just, permanent, and proper forms of government exist in every part of them, derived from and founded on the authority of the people only, agreeable to the directions of the honourable American Congress. We, the representatives of the freemen of Pennsylvania, in general convention met, for the express purpose of framing such a government, confessing the goodness of the great Governor of the universe (who alone knows to what degree of earthly happiness mankind may attain, by perfecting the arts of government) in permitting the people of this State, by common consent, and without violence, deliberately to form for themselves such just rules as they shall think best, for governing their future society; and being fully convinced, that it is our indispensable duty to establish such original principles of government, as will best promote the general happiness of the people of this State, and their posterity, and provide for future improvements, without partiality for, or prejudice against any particular class, sect, or denomination of men whatever, do, by virtue of the authority vested in us by our constituents, ordain, declare, and establish, the following Declaration of Rights and Frame of Government, to be the CONSTITUTION of this commonwealth, and to remain in force therein for ever, unaltered, except in such articles as shall hereafter on experience be found to require improvement, and which shall by the same authority of the people, fairly delegated as this frame of government directs, be amended or improved for the more effectual obtaining and securing the great end and design of all government, herein before mentioned.

A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE COMMONWEALTH, OR STATE OF PENNSYLVANIA

I. That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.

II. That all men have a natural and unalienable right to worship Almighty G-- according to the dictates of their own consciences and understanding: And that no man ought or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent: Nor can any man, who acknowledges the being of a G--, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship : And that no authority can or ought to be vested in, or assumed by any power whatever, that shall in any case interfere with, or in any manner controul, the right of conscience in the free exercise of religious worship.

III. That the people of this State have the sole, exclusive and inherent right of governing and regulating the internal police of the same.

IV. That all power being originally inherent in, and consequently derived from, the people; therefore all officers of government, whether legislative or executive, are their trustees' and servants, and at all times accountable to them.

V. That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community; and not for the particular emolument or advantage of any single man, family, or sett of men, who are a part only of that community ; And that the community hath an indubitable, unalienable and, indefeasible right to reform, alter, or abolish government in such manner as shall be by that community judged most conducive to the public weal.

VI. That those who are employed in the legislative and executive business of the State, may be restrained from oppression, the people have a right, at such periods as they may think proper, to reduce their public officers to a private station, and supply the vacancies by certain and regular elections.

VII. That all elections ought to be free; and that. all free men having a sufficient evident, common interest with, and attachment to the community, have a right to elect officers, or to be elected into one.

VIII. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expense of that protection, and yield his personal service when necessary, or an equivalent thereto: But no part of a man's property can be justly taken from him, or applied to public uses, without his own consent, or that of his legal representatives: Nor can any man who is conscientiously scrupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent, nor are the people bound by any laws, but such as they have in like manner assented to, for their common good.

IX. That in all prosecutions for criminal offences, a man hath a right to be heard by himself and his council, to demand the cause and nature of his accusation, to be confronted with the witnesses, to call for evidence in his favour, and a speedy public trial, by an impartial jury-of the country, without the unanimous consent of which jury he cannot be found guilty ; nor can he be compelled to give evidence against himself ; nor can any man be justly deprived of his liberty except by the laws of the land, or the judgment of his peers.

X. That the people have a right to hold themselves, their houses, papers, and possessions free from search and seizure, and therefore warrants without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly described, are contrary to that right, and ought not to be granted.

XI. That in controversies respecting property, and in suits between man and man, the parties have a right to trial by jury, which ought to be held sacred.

XII: That the people have a right to freedom of speech, and of writing, and publishing their sentiments; therefore the freedom of the press ought not to be restrained.

XIII. That the people have a right to bear arms for the defence of themselves and the state ; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power.

XIV. That a frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry, and frugality are absolutely necessary to preserve the blessings of liberty, and keep a government free: The people ought therefore to pay particular attention to these points in. the choice of officers and representatives, and have a right to exact a due and constant regard to them, from their legislatures and magistrates, in the making and executing such laws as are necessary for the good government of the state.

XV. That all men have a natural inherent right to emigrate from one state to another that will receive them, or to form a new state in vacant countries, or in such countries as they can purchase, whenever they think that thereby they may promote their own happiness.

XVI. That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition, or remonstrance.

PLAN OR FRAME OF GOVERNMENT FOR THE COMMONWEALTH OR STATE OF PENNSYLVANIA


SECTION 1. The commonwealth or state of Pennsylvania shall be governed hereafter by an assembly of the representatives of the free- men of the same, and a president and council, in manner and form
following-

SECT. 2. The supreme legislative power shall be vested in a house of representatives of the freemen of the commonwealth or state of Pennsylvania.

SECT. 3. The supreme executive power shall be vested in a president and council.

SECT. 4. Courts of justice shall be established in the city of Philadelphia, and in every county of this state.

SECT. 5. The freemen of this commonwealth and their sons shall
be trained and armed for its defence under such regulations, restrictions, and exceptions as the general assembly shall by law direct, preserving always to the people the right of choosing their colonels and all commissioned officers under that rank, in such manner and as often as by the said laws shall be directed.

SECT. 6. Every freemen of the full age of twenty-one years, having resided in this state for the space of one whole year next before the day of election for representatives, and paid public taxes during that time, shall enjoy the right of an elector: Provided always, that sons of freeholders of the age of twenty-one years shall be intitled to vote although they have not paid taxes.

SECT. 7. The house of representatives of the freemen of this commonwealth shall consist of persons most noted for wisdom and virtue, to be chosen by the freemen of every city and county of this commonwealth respectively. And no person shall be elected unless he has resided in the city or county for which he shall be chosen two years immediately before the said election; nor shall any member, 'while he continues such, hold any other office, except in the militia.

SECT. 8. No person shall be capable of being elected a member to serve in the house of representatives of the freemen of this commonwealth more than four years in seven.

SECT. 9. The members of the house of representatives shall be chosen annually by ballot, by the freemen of the commonwealth, on the second Tuesday in October forever, (except this present year,) and shall meet on the fourth Monday of the same month, and shall be stiled, The general assembly of the representatives of the freemen of Pennsylvania, and shall have power to choose their speaker, the treasurer of the state, and their other officers; sit on their own adjournments ; prepare bills and enact them into laws; judge of the elections and qualifications of their own members ; they may expel a member, but not a second time for the same cause; they may administer oaths or affirmations on examination of witnesses; redress grievances.; impeach state criminals ; grant charters of incorporation; constitute towns, boroughs, cities, and counties ; and shall have all other powers necessary for the legislature of a free state or commonwealth: But they shall have no power to add to, alter, abolish, or infringe any part of this constitution.

SECT. 10. A quorum of the house of representatives shall consist of two-thirds of the whole number of members elected ; and having met and chosen their speaker, shall each of them before they proceed to business take and subscribe, as-well the oath or affirmation of fidelity and allegiance hereinafter directed, as the following oath or affirmation, viz: I ________do swear (or affirm) that as a member of this assembly, I will not propose or assent to any bill, vote, or resolution, which shall appear to me injurious to the people;' nor do or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared in the constitution of this state; but will in all things conduct myself as a faithful honest representative and guardian, of the people, according to the best of my judgment and abilities.
And each member, before he takes his seat, shall make and subscribe the following declaration, viz :
I do believe in one G--, the creator and governor of the universe, the rewarder of the good and the punisher of the wicked. And I do acknowledge the Scriptures of the Old and New Testament to be given by Divine inspiration.
And no further or other religious test shall ever hereafter be required of any civil officer or magistrate in this State.

SECT. 11. Delegates to represent this state in congress shall be chosen by ballot by the future general assembly at their first meeting, and annually forever afterwards, as long as such representation shall be necessary. Any delegate may be superseded at any time, by the general assembly appointing another in his stead. No man shall sit in congress longer than two years successively, nor be capable of re-election for three years afterwards: and no person who holds any office in the gift of the congress shall hereafter be elected to represent this commonwealth in congress.

SECT. 12. If any city or cities, county or counties shall neglect or refuse to elect and send representatives to the general assembly, two-thirds of the members from the cities or counties that do elect and send representatives, provided they be a majority of the cities and counties of the whole state, when met, shall have all the powers of the general assembly, as fully and amply as if the whole were present.

SECT. 13. The doors of the house in which the representatives of the freemen of this state shall sit in general assembly, shall be, and remain open for the admission of all persons who behave decently, except only when the welfare of this state may require the doors to be shut.

SECT. 14. The votes and proceedings of the genera1 assembly shall be printed weekly during their sitting, with the yeas and nays, on any question, vote or resolution, where any two members require it, except when the vote is taken by ballot; and when the yeas and nays are so taken every member shall have a right to insert the reasons of his vote upon the minutes, if he desires it.

SECT. 15. To the end that laws before they are enacted may be more maturely considered, and the inconvenience of hasty determinations as much as possible prevented, all bills of public nature shall be printed for the consideration of the people, before they are read in general assembly the last time for debate and amendment; and, except on occasions of sudden necessity, shall not be passed into laws until the next session of assembly; and for the more perfect satisfaction of the public, the reasons and motives for making such laws shall be fully and clearly expressed in the preambles.

SECT. 16. The stile of the laws of this commonwealth shall be, " Be it enacted, and it is hereby enacted by the representatives of the freemen of the commonwealth of Pennsylvania in general assembly met, and by the authority of the same." And the general assembly shall affix their seal to every bill, as soon as it is enacted into a law, which seal shall be kept by the assembly, and shall be called, The seal of the laws of Pennsylvania, and shall not be used for any other purpose.

SECT. 17. The city of Philadelphia and each county of this commonwealth respectively, shall on the first Tuesday of November in this present year, and on the second Tuesday of October annually for the two next succeeding years, viz. the year one thousand seven hundred and seventy-seven, and the year one thousand seven hundred and seventy-eight, choose six persons to represent them in general assembly. But as representation in proportion to the number of taxable inhabitants is the only principle which can at all times secure liberty, and make the voice of a majority of the people the law of the land; therefore the general assembly shall cause complete lists of the taxable inhabitants in the city and each county in the commonwealth respectively, to be taken and returned to them, on or before the last meeting. of the assembly elected in the year one thousand seven hundred and seventy-eight, who shall appoint a representation to each, in proportion to the number of taxables in such returns ; which representation shall continue for the next seven years afterwards at the end of which, a new return of the taxable inhabitants shall be made, and a representation agreeable thereto appointed by the said assembly, and so on septennially forever. The wages of the representatives in general assembly, and all other state charges shall be paid out of the state treasury.

SECT. 18. In order that the freemen of this commonwealth may enjoy the benefit of election as equally as may be until the representation shall commence, as directed in the foregoing section, each county at its own choice may be divided into districts, hold elections therein, and elect their representatives in the county, and their other elective officers, as shall be hereafter regulated by the general assembly of this state, And no inhabitant of this state shall have more than one annual vote at the general election for representatives in assembly.

SECT. 19. For the present the supreme executive council of this state shall consist of twelve persons chosen in the following manner: The freemen of the city of Philadelphia, and of the counties of Philadelphia, Chester, and Bucks, respectively, shall choose by ballot one person for the city, and one for each county aforesaid, to serve for three years and no longer, at the time and place for electing representatives in general assembly. The freemen of the counties of Lancaster, York, Cumberland, and Berks, shall, in like manner elect one person for each county respectively, to serve as counsellors for two years and no longer. And the counties of Northampton, Bedford,Northumberland and Westmoreland, respectively, shall, in like manner, elect one person for each county, to serve as counsellors for one year, and no longer. And at the expiration of the time for which each counsellor was chosen to serve, the freemen of the city of Philadelphia, and of the several counties in this state, respectively, shall elect one person to serve as counsellor for three years and no longer; and so on every third year forever. By this mode of election and continual rotation; more men will be trained to public business, there will in every subsequent year be found in the council a number of persons acquainted with the proceedings of the foregoing years, whereby the business will be more consistently conducted, and moreover the danger of establishing an inconvenient aristocracy will be effectually prevented. All vacancies in the council that may happen by death, resignation, or otherwise, shall be filled at the next general election for representatives in general assembly, unless a particular election for that purpose shall be sooner appointed by the president and council. No member of the general assembly or delegate in congress, shall be chosen a member of the council. The president and vice-president shall be chosen annually by the joint ballot of the general assembly and council, of the members of the council. Any person having served as a counsellor for three successive years; shall be incapable of holding that office for four years afterwards. Every member of the council shall be a justice of the peace for the whole commonwealth, by virtue of his office.
In case new additional counties shall hereafter be erected in this state, such county or counties shall elect a counsellor, and such county or counties shall be annexed to the next neighbouring counties, and shall take rotation with such counties.
The council shall meet annually, at the same time and place with the general assembly.
The treasurer of the state, trustees of the loan office, naval officers, collectors, of customs or excise, judge of the admirality, attornies general, sheriffs, and prothonotaries, shall not be capable of a seat in the general assembly, executive council, or continental congress.

SECT. 20. The president, and in his absence the vice-president, with the council, five of whom shall be a quorum, shall have power to appoint and commissionate judges, naval officers, judge of the admiralty, attorney general and all other officers, civil and military, except such as are chosen by the general assembly or the people, agreeable to this frame of government, and the laws that may be made hereafter ; and shall supply every vacancy in any office, occasioned by death, resignation, removal or disqualification, until the office can be filled in the time and manner directed by law or this constitution. They are to correspond with other states, and transact business with the officers of government, civil and military ; and to prepare such business as may appear to them necessary to lay before the general assembly. They shall sit as judges, to hear and determine on impeachments, taking to their assistance for advice only, the justices of the supreme court. And shall have power to grant pardons, and remit fines, in all cases whatsoever, except in cases of. impeachment; and in cases of treason and murder, shall have power to grant reprieves, but not to pardon, until the end of the next sessions of assembly ; but there shall be no remission or mitigation of punishments on impeachments, except by act of the legislature; they are also to take care that the laws be faithfully executed; they are to expedite the execution of such measures as may be resolved upon by the general assembly ; and they may draw upon the treasury for such sums as shall be appropriated by the house: They may also lay embargoes, or prohibit the exportation of any commodity, for any time, not exceeding thirty days, in the recess of the house only: They may grant such licences, as shall be directed by law, and shall have power to call together the general assembly when necessary, before the day to which they shall stand adjourned. The president shall be commander in chief of the forces of the state, but shall not command in person, except advised thereto by the council, and then only so long as they shall approve thereof. The president and council shall have a secretary, and keep fair books of their proceedings, wherein any counsellor may enter his dissent, with his reasons in support of it.

SECT. 21. All commissions shall be in the name, and by the authority of the freemen of the commonwealth of Pennsylvania, sealed with the state seal, signed by the president or vice-president, and attested by the secretary; which seal shall be kept by the council.

SECT. 22. Every officer of state, whether judicial or executive, shall be liable to be impeached by the general assembly, either when in office, or after his resignation or removal for mal-administration: All impeachments shall be before the president or vice-president and council, who shall hear and determine the same.

SECT. 23. The judges of the supreme court of judicature shall have fixed salaries, be commissioned for seven years only, though capable of re-appointment at the end of that term, but removable for misbehaviour at any time by the general assembly ; they shall not be allowed to sit as members in the continental congress, executive council, or general assembly, nor to hold any other office civil or military, nor to take or receive fees or perquisites of any kind.

SECT. 24. The supreme court, and the several courts of common pleas of this commonwealth, shall, besides the powers usually exercised by such courts, have the powers of a court of chancery, so far as relates to the perpetuating testimony, obtaining evidence from places not within this state, and the care of the persons and estates of those who are non compotes mentis, and such other powers as may be found necessary by future general assemblies, not inconsistent with this constitution.

SECT. 25. Trials shall be by jury as heretofore: And it is recommended to the legislature of this state, to provide by law against every corruption or partiality in the choice, return, or appointment of juries.

SECT. 26. Courts of sessions, common pleas, and orphans courts shall be held quarterly in each city and county; and the legislature shall have power to establish all such other courts as they may judge for the good of the inhabitants of the state. All courts shall be open, and justice shall be impartially administered without corruption or unnecessary delay: All their officers shall be paid an adequate but moderate compensation for their services: And if any officer shall take greater or other fees than the law allows him, either directly or indirectly, it shall ever after disqualify him from holding any office in this state.

SECT. 27. All prosecutions shall commence in the name and by the authority of the freemen of the commonwealth of Pennsylvania; and all indictments shall conclude with these words, "Against the peace and dignity of the same." The style of all process hereafter in this state shall be, The commonwealth of Pennsylvania.

SECT. 28. The person of a debtor, where there is not a strong presumption, of fraud, shall not be continued in prison, after delivering up, bona fide, all his estate real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or presumption great.

SECT. 29. Excessive bail shall not be exacted for bailable offences: And all fines shall be moderate.

SECT. 30. Justices of the peace shall be elected by the freeholders of each city and county respectively, that is to say, two or more persons may be chosen for each ward, township, or district, as the law shall hereafter direct : And their names shall be returned to the president in council, who shall commissionate one or more of them for each ward, township, or district so returning, for seven years, removable for misconduct by the general assembly. But, if any city or county, ward, township, or district in this commonwealth, shall hereafter incline to change the manner of appointing their justices of the peace as settled in this article, the general assembly may make laws to regulate the same, agreeable to the desire of a majority of the freeholders of the city or county, ward, township; or district so applying. No justice of the peace shall sit in the general assembly unless he first resigns his commission ; nor shall he be allowed to take any fees, nor any salary or allowance, except such as the future legislature may grant.

SECT. 31. Sheriffs and coroners shall be elected annually in each city and county, by the freemen; that is to say, two persons for each office, one of whom for each, is to be commissioned by the president in council. No person shall continue in the office of sheriff more than three successive years, or be capable of being again elected during four years afterwards. The election shall be held at the same time and place appointed for the election of representatives: And the commissioners and assessors, and other officers chosen by the people, shall also be then and there elected, as has been usual heretofore, until altered or otherwise regulated by the future legislature of this state.

SECT. 32. All elections, whether by the people or in general assembly, shall be by ballot, free and voluntary: And any elector; who shall receive any gift or reward for his vote, in meat, drink, monies, or otherwise, shall forfeit his right to elect for that time, and suffer such other penalties as future laws shall direct: And any person who shall directly or indirectly give, promise, or bestow any such rewards to be elected, shall be thereby rendered incapable to serve for the ensuing year.

SECT. 33. All fees, licence money, fines and forfeitures heretofore granted, or paid to the governor, or his deputies for the support of government, shall hereafter be paid into the public treasury, unless altered or abolished by the future legislature.

SECT. 34. A register's office for the probate of wills and granting letters of administration, and an office for the recording of deeds, shall be kept in each city and county: The officers to be appointed by the general assembly, removable at their pleasure, and to be commissioned by the president in council.

SECT. 35. The printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any part of government.

SECT. 36. As every freeman to preserve his independence, (if without a sufficient estate) ought to have some profession, calling, trade or farm, whereby he may honestly subsist, there can be no necessity for, nor use in establishing offices of profit, the usual effects of which are dependence and servility unbecoming freemen, in the possessors and expectants ; faction, contention, corruption, and disorder among the people. But if any man is called into public service, to the prejudice of his private affairs, he has a right to a reasonable compensation: And whenever an office, through increase of fees or otherwise becomes so profitable as to occasion many to apply for it, the profits ought to be lessened by the legislature.

SECT. 37. The future legislature of this state, shall regulate intails in such a manner as to prevent perpetuities.

SECT. 38. The penal laws as heretofore used shall be reformed by the legislature of this state, as soon as may be, and punishments made in some cases less sanguinary, and in general more proportionate to the crimes.

SECT. 39. To deter more effectually from the commission of crimes, by continued visible punishments of long duration, and to make sanguinary punishments less necessary ; houses ought to be provided for punishing by hard labour, those who shall be convicted of crimes not capital; wherein the criminals shall be imployed for the benefit of the public, or for reparation of injuries done to private persons: And all persons at proper times shall be admitted to see the prisoners at their labour.

SECT. 40. Every officer, whether judicial, executive or military, in authority under this commonwealth, shall take the following oath or affirmation of allegiance, and general oath of office before he enters on the execution of his office.

THE OATH OR AFFIRMATION OF ALLEGIANCE

I________ do swear (or affirm) that I will be true and faithful to the commonwealth of Pennsylvania.: And that I will not directly or indirectly do any act or thing prejudicial or injurious to the constitution or government thereof, as established by the convention,.

THE OATH OR AFFIRMATION OF OFFICE

I _____do swear (or affirm) that I will faithfully execute the office of ______ for the ______of ____ and will do equal right and justice to all men, to the best of my judgment and abilities, according to law.

SECT. 41. No public tax, custom or contribution shall be imposed upon, or paid by the people of this state, except by a law for that purpose: And before any law be made for raising it, the purpose for which any tax is to be raised ought to appear clearly to the legislature to be of more service to the community than the money would be, if not collected; which being well observed, taxes can never be burthens.

SECT. 42. Every foreigner of good character who comes to settle in this state, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold, and transfer land or other real estate; and after one year's residence, shall be deemed a free denizen thereof, and entitled to all the rights of a natural born subject of this state, except that he shall not be capable of being elected a representative until after two years residence.

SECT. 43. The inhabitants of this state shall have liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed ; and in like manner to fish in all boatable waters, and others not private property.

SECT. 44. A school or schools shall be established in each county by the legislature, for the convenient instruction of youth, with such salaries to the masters paid by the public, as may enable them to instruct youth at low prices: And all useful learning shall be duly encouraged and promoted in one or more universities.

SECT. 45. Laws for the encouragement of virtue, and prevention of vice and immorality, shall be made and constantly kept in force, and provision shall be made for their due execution : And all religious societies or bodies of men heretofore united or incorporated for the advancement of religion or learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates which they were accustomed to enjoy, or could of right have enjoyed, under the laws and former constitution of this state.

SECT. 46. The declaration of rights is hereby declared to be a part of the constitution of this commonwealth, and ought never to be violated on any pretence whatever.

SECT. 47. In order that the freedom of the commonwealth may be preserved inviolate forever, there shall be chosen by ballot by the freemen in each city and county respectively, on the second- Tuesday in October, in the year one thousand seven hundred and eighty-three, and on the second Tuesday in October, in every seventh year thereafter, two persons in each city and county of this state, to be called the COUNCIL OF CENSORS; who shall meet together on the second Monday of November next ensuing their election ; the majority of whom shall be a quorum in every case, except as to calling a convention, in which two-thirds of the whole number elected shall agree: And whose duty it shall be to enquire whether the constitution has been preserved inviolate in every part; and whether the legislative and executive branches of government have performed their duty as guardians of the people, or assumed to themselves, or exercised other or greater powers than they are intitled to by the constitution: They are also to enquire whether the public taxes have been justly laid and collected in all parts of this commonwealth, in what manner the public monies have been disposed of, and whether the laws have been duly executed. For these purposes they shall have power to send for persons, papers, and records; they shall-have authority to pass public censures, to order impeachments, and to recommend to the legislature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution. These powers they shall continue to have, for and during the space of one year from the day of their election and no longer: The said council of censors shall also have power to call a convention, to meet within two years after their sitting, if there appear to them an absolute necessity of amending any article of the constitution which may be defective, explaining such as may be thought not clearly expressed, and of adding such as are necessary for the preservation of the rights and happiness of the people: But the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an 0pportunit.y of instructing their delegates on the subject.

Passed in Convention the 28th day of September, 1776, and signed by their order.

BENJ. FRANKLIN, Prest.

*. This constitution was framed by a convention (called in accordance with the expressed wish of the Continental Congress) which assembled at Philadelphia July 15, 1776, and completed its labors September 28, 1776. It was not submitted to the people for ratification.


#15447 From: "Ed Siceloff" <siceloff@...>
Date: Mon Oct 29, 2007 1:18 pm
Subject: RE: State of vs Republic? And other question
esiceloff2001
Send Email Send Email
 
 

And then the second page, cursive and original with the subject text, right at the top of the document:
 
 
 


From: dave [mailto:dwissel@...]
Sent: Monday, October 29, 2007 3:26 AM
To: 'Ed Siceloff'
Subject: RE: [tips_and_tricks] State of vs Republic? And other question

Governments are called “body politic and [body] corporate”. Basically they are rights of assembly…kinda like joining the teamsters.

“STATE OF_____”
”COUNTY OF _____”

 

Are almost dead ringers that one joined the group and aggress to be bound by its bylaws. The most blatant evidence is voting for an official or representative of the “XXX OF YYY”

 

Far better to stay away from the “OF” aspects in my opinion.

 

Nearly anything in these late “State of” Constitutions is : (a) law for government only and (b) usually linked back to federal territory.

 

 
Barry, I'm in a position of not knowing whether to edit the long part of this to the given phrases or not.  Obviously the page with the cursive writing is a picture of the actual document, that I can't edit.  But, I am using the entire transcript for the presence of the phrases, and the fact that it is "The" original constitution to show.  If it needs editing, then I will drop those off.  Spelling errors would be the state archivists and not mine.
 
Group:  A couple of guys wrote offlist to me, in reply, and, at first, I agreed with this, as below expressed by one of them (and I have agreed with this interpretation of "State of" "County of" for quite a while, but then I decided to find the original Pennsylvania Constitution of 1776.  And, well, my former belief, and apparently anybody elses in agreement with the below "sentiment" is called into question, without any further explanation at any rate.  This is very long, because I I didn't want to extract the documentation of the various phrases out of their context.  But, read the modern day transcript first and compare it to the original cursive, in format,  constitution.  I only have the one page of the pictures of the original to show the language in original cursive.  You will see that the main difference is the use of "all caps" in the names, rather than the proper grammar used at that time.  So, unless we take the modern US commercial approach to everything, which we usually understand to have application not until after the War Between the States, and apply it to 1776, the older document belies our thoughts on this.
 
 
I was just checking out state archives.  This gets long.  I'm erasing all previous but you know the context.  On the one document, it will be the transcription of the original Pennsylvania Constitution.  NOTICE that the name is written as today, all caps, without reference to proper grammatical case.  But the terms in the copy of the actual long hand cursive writing are still Commonwealth of Pennsylvania, or State of Pennsylvania, and so, if our interpretation is correct, then it must be applied to the reasons for the original constitutions, as well as for today, which means that there never was a country for freedom like many of us like to believe about the united States of America, or, at least Pennsylvania was not one of those states but was always a mere commercial corporation:
 
First, the transcription.
 
Click here for
printable version

Constitution of Pennsylvania - 1776

WHEREAS all government ought to be instituted and supported for
the security and protection of the community as such, and to enable the individuals who compose it to enjoy their natural rights, and the other blessings which the Author of existence has bestowed upon man; and whenever these great ends of government are not obtained, the people have a right, by common consent to change it, and take such measures as to them may appear necessary to promote their safety and happiness. AND WHEREAS the inhabitants of this commonwealth have in consideration of protection only, heretofore acknowledged allegiance to the king of Great Britain ; and the said king has not only withdrawn that protection, but commenced, and still continues to carry on, with unabated vengeance, a most cruel and unjust war against them, employing therein, not only the troops of Great Britain, but foreign mercenaries, savages and slaves, for the avowed purpose of reducing them to a total and abject submission to the despotic domination of the British parliament, with many other acts of tyranny, (more fully set forth in the declaration of Congress) whereby all allegiance and fealty to the said king and his successors, are dissolved and at an end, and all power and authority derived from him ceased in these colonies. AND WHEREAS it is absolutely necessary for the welfare and safety of the inhabitants of said colonies, that they be henceforth free and independent States, and that just, permanent, and proper forms of government exist in every part of them, derived from and founded on the authority of the people only, agreeable to the directions of the honourable American Congress. We, the representatives of the freemen of Pennsylvania, in general convention met, for the express purpose of framing such a government, confessing the goodness of the great Governor of the universe (who alone knows to what degree of earthly happiness mankind may attain, by perfecting the arts of government) in permitting the people of this State, by common consent, and without violence, deliberately to form for themselves such just rules as they shall think best, for governing their future society; and being fully convinced, that it is our indispensable duty to establish such original principles of government, as will best promote the general happiness of the people of this State, and their posterity, and provide for future improvements, without partiality for, or prejudice against any particular class, sect, or denomination of men whatever, do, by virtue of the authority vested in us by our constituents, ordain, declare, and establish, the following Declaration of Rights and Frame of Government, to be the CONSTITUTION of this commonwealth, and to remain in force therein for ever, unaltered, except in such articles as shall hereafter on experience be found to require improvement, and which shall by the same authority of the people, fairly delegated as this frame of government directs, be amended or improved for the more effectual obtaining and securing the great end and design of all government, herein before mentioned.

A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE COMMONWEALTH, OR STATE OF PENNSYLVANIA

I. That all men are born equally free and independent, and have certain natural, inherent and inalienable rights, amongst which are, the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.

II. That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understanding: And that no man ought or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any ministry, contrary to, or against, his own free will and consent: Nor can any man, who acknowledges the being of a God, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments or peculiar mode of religious worship : And that no authority can or ought to be vested in, or assumed by any power whatever, that shall in any case interfere with, or in any manner controul, the right of conscience in the free exercise of religious worship.

III. That the people of this State have the sole, exclusive and inherent right of governing and regulating the internal police of the same.

IV. That all power being originally inherent in, and consequently derived from, the people; therefore all officers of government, whether legislative or executive, are their trustees' and servants, and at all times accountable to them.

V. That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community; and not for the particular emolument or advantage of any single man, family, or sett of men, who are a part only of that community ; And that the community hath an indubitable, unalienable and, indefeasible right to reform, alter, or abolish government in such manner as shall be by that community judged most conducive to the public weal.

VI. That those who are employed in the legislative and executive business of the State, may be restrained from oppression, the people have a right, at such periods as they may think proper, to reduce their public officers to a private station, and supply the vacancies by certain and regular elections.

VII. That all elections ought to be free; and that. all free men having a sufficient evident, common interest with, and attachment to the community, have a right to elect officers, or to be elected into one.

VIII. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expense of that protection, and yield his personal service when necessary, or an equivalent thereto: But no part of a man's property can be justly taken from him, or applied to public uses, without his own consent, or that of his legal representatives: Nor can any man who is conscientiously scrupulous of bearing arms, be justly compelled thereto, if he will pay such equivalent, nor are the people bound by any laws, but such as they have in like manner assented to, for their common good.

IX. That in all prosecutions for criminal offences, a man hath a right to be heard by himself and his council, to demand the cause and nature of his accusation, to be confronted with the witnesses, to call for evidence in his favour, and a speedy public trial, by an impartial jury-of the country, without the unanimous consent of which jury he cannot be found guilty ; nor can he be compelled to give evidence against himself ; nor can any man be justly deprived of his liberty except by the laws of the land, or the judgment of his peers.

X. That the people have a right to hold themselves, their houses, papers, and possessions free from search and seizure, and therefore warrants without oaths or affirmations first made, affording a sufficient foundation for them, and whereby any officer or messenger may be commanded or required to search suspected places, or to seize any person or persons, his or their property, not particularly described, are contrary to that right, and ought not to be granted.

XI. That in controversies respecting property, and in suits between man and man, the parties have a right to trial by jury, which ought to be held sacred.

XII: That the people have a right to freedom of speech, and of writing, and publishing their sentiments; therefore the freedom of the press ought not to be restrained.

XIII. That the people have a right to bear arms for the defence of themselves and the state ; and as standing armies in the time of peace are dangerous to liberty, they ought not to be kept up; And that the military should be kept under strict subordination to, and governed by, the civil power.

XIV. That a frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry, and frugality are absolutely necessary to preserve the blessings of liberty, and keep a government free: The people ought therefore to pay particular attention to these points in. the choice of officers and representatives, and have a right to exact a due and constant regard to them, from their legislatures and magistrates, in the making and executing such laws as are necessary for the good government of the state.

XV. That all men have a natural inherent right to emigrate from one state to another that will receive them, or to form a new state in vacant countries, or in such countries as they can purchase, whenever they think that thereby they may promote their own happiness.

XVI. That the people have a right to assemble together, to consult for their common good, to instruct their representatives, and to apply to the legislature for redress of grievances, by address, petition, or remonstrance.

PLAN OR FRAME OF GOVERNMENT FOR THE COMMONWEALTH OR STATE OF PENNSYLVANIA


SECTION 1. The commonwealth or state of Pennsylvania shall be governed hereafter by an assembly of the representatives of the free- men of the same, and a president and council, in manner and form
following-

SECT. 2. The supreme legislative power shall be vested in a house of representatives of the freemen of the commonwealth or state of Pennsylvania.

SECT. 3. The supreme executive power shall be vested in a president and council.

SECT. 4. Courts of justice shall be established in the city of Philadelphia, and in every county of this state.

SECT. 5. The freemen of this commonwealth and their sons shall
be trained and armed for its defence under such regulations, restrictions, and exceptions as the general assembly shall by law direct, preserving always to the people the right of choosing their colonels and all commissioned officers under that rank, in such manner and as often as by the said laws shall be directed.

SECT. 6. Every freemen of the full age of twenty-one years, having resided in this state for the space of one whole year next before the day of election for representatives, and paid public taxes during that time, shall enjoy the right of an elector: Provided always, that sons of freeholders of the age of twenty-one years shall be intitled to vote although they have not paid taxes.

SECT. 7. The house of representatives of the freemen of this commonwealth shall consist of persons most noted for wisdom and virtue, to be chosen by the freemen of every city and county of this commonwealth respectively. And no person shall be elected unless he has resided in the city or county for which he shall be chosen two years immediately before the said election; nor shall any member, 'while he continues such, hold any other office, except in the militia.

SECT. 8. No person shall be capable of being elected a member to serve in the house of representatives of the freemen of this commonwealth more than four years in seven.

SECT. 9. The members of the house of representatives shall be chosen annually by ballot, by the freemen of the commonwealth, on the second Tuesday in October forever, (except this present year,) and shall meet on the fourth Monday of the same month, and shall be stiled, The general assembly of the representatives of the freemen of Pennsylvania, and shall have power to choose their speaker, the treasurer of the state, and their other officers; sit on their own adjournments ; prepare bills and enact them into laws; judge of the elections and qualifications of their own members ; they may expel a member, but not a second time for the same cause; they may administer oaths or affirmations on examination of witnesses; redress grievances.; impeach state criminals ; grant charters of incorporation; constitute towns, boroughs, cities, and counties ; and shall have all other powers necessary for the legislature of a free state or commonwealth: But they shall have no power to add to, alter, abolish, or infringe any part of this constitution.

SECT. 10. A quorum of the house of representatives shall consist of two-thirds of the whole number of members elected ; and having met and chosen their speaker, shall each of them before they proceed to business take and subscribe, as-well the oath or affirmation of fidelity and allegiance hereinafter directed, as the following oath or affirmation, viz: I ________do swear (or affirm) that as a member of this assembly, I will not propose or assent to any bill, vote, or resolution, which shall appear to me injurious to the people;' nor do or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared in the constitution of this state; but will in all things conduct myself as a faithful honest representative and guardian, of the people, according to the best of my judgment and abilities.
And each member, before he takes his seat, shall make and subscribe the following declaration, viz :
I do believe in one God, the creator and governor of the universe, the rewarder of the good and the punisher of the wicked. And I do acknowledge the Scriptures of the Old and New Testament to be given by Divine inspiration.
And no further or other religious test shall ever hereafter be required of any civil officer or magistrate in this State.

SECT. 11. Delegates to represent this state in congress shall be chosen by ballot by the future general assembly at their first meeting, and annually forever afterwards, as long as such representation shall be necessary. Any delegate may be superseded at any time, by the general assembly appointing another in his stead. No man shall sit in congress longer than two years successively, nor be capable of re-election for three years afterwards: and no person who holds any office in the gift of the congress shall hereafter be elected to represent this commonwealth in congress.

SECT. 12. If any city or cities, county or counties shall neglect or refuse to elect and send representatives to the general assembly, two-thirds of the members from the cities or counties that do elect and send representatives, provided they be a majority of the cities and counties of the whole state, when met, shall have all the powers of the general assembly, as fully and amply as if the whole were present.

SECT. 13. The doors of the house in which the representatives of the freemen of this state shall sit in general assembly, shall be, and remain open for the admission of all persons who behave decently, except only when the welfare of this state may require the doors to be shut.

SECT. 14. The votes and proceedings of the genera1 assembly shall be printed weekly during their sitting, with the yeas and nays, on any question, vote or resolution, where any two members require it, except when the vote is taken by ballot; and when the yeas and nays are so taken every member shall have a right to insert the reasons of his vote upon the minutes, if he desires it.

SECT. 15. To the end that laws before they are enacted may be more maturely considered, and the inconvenience of hasty determinations as much as possible prevented, all bills of public nature shall be printed for the consideration of the people, before they are read in general assembly the last time for debate and amendment; and, except on occasions of sudden necessity, shall not be passed into laws until the next session of assembly; and for the more perfect satisfaction of the public, the reasons and motives for making such laws shall be fully and clearly expressed in the preambles.

SECT. 16. The stile of the laws of this commonwealth shall be, " Be it enacted, and it is hereby enacted by the representatives of the freemen of the commonwealth of Pennsylvania in general assembly met, and by the authority of the same." And the general assembly shall affix their seal to every bill, as soon as it is enacted into a law, which seal shall be kept by the assembly, and shall be called, The seal of the laws of Pennsylvania, and shall not be used for any other purpose.

SECT. 17. The city of Philadelphia and each county of this commonwealth respectively, shall on the first Tuesday of November in this present year, and on the second Tuesday of October annually for the two next succeeding years, viz. the year one thousand seven hundred and seventy-seven, and the year one thousand seven hundred and seventy-eight, choose six persons to represent them in general assembly. But as representation in proportion to the number of taxable inhabitants is the only principle which can at all times secure liberty, and make the voice of a majority of the people the law of the land; therefore the general assembly shall cause complete lists of the taxable inhabitants in the city and each county in the commonwealth respectively, to be taken and returned to them, on or before the last meeting. of the assembly elected in the year one thousand seven hundred and seventy-eight, who shall appoint a representation to each, in proportion to the number of taxables in such returns ; which representation shall continue for the next seven years afterwards at the end of which, a new return of the taxable inhabitants shall be made, and a representation agreeable thereto appointed by the said assembly, and so on septennially forever. The wages of the representatives in general assembly, and all other state charges shall be paid out of the state treasury.

SECT. 18. In order that the freemen of this commonwealth may enjoy the benefit of election as equally as may be until the representation shall commence, as directed in the foregoing section, each county at its own choice may be divided into districts, hold elections therein, and elect their representatives in the county, and their other elective officers, as shall be hereafter regulated by the general assembly of this state, And no inhabitant of this state shall have more than one annual vote at the general election for representatives in assembly.

SECT. 19. For the present the supreme executive council of this state shall consist of twelve persons chosen in the following manner: The freemen of the city of Philadelphia, and of the counties of Philadelphia, Chester, and Bucks, respectively, shall choose by ballot one person for the city, and one for each county aforesaid, to serve for three years and no longer, at the time and place for electing representatives in general assembly. The freemen of the counties of Lancaster, York, Cumberland, and Berks, shall, in like manner elect one person for each county respectively, to serve as counsellors for two years and no longer. And the counties of Northampton, Bedford,Northumberland and Westmoreland, respectively, shall, in like manner, elect one person for each county, to serve as counsellors for one year, and no longer. And at the expiration of the time for which each counsellor was chosen to serve, the freemen of the city of Philadelphia, and of the several counties in this state, respectively, shall elect one person to serve as counsellor for three years and no longer; and so on every third year forever. By this mode of election and continual rotation; more men will be trained to public business, there will in every subsequent year be found in the council a number of persons acquainted with the proceedings of the foregoing years, whereby the business will be more consistently conducted, and moreover the danger of establishing an inconvenient aristocracy will be effectually prevented. All vacancies in the council that may happen by death, resignation, or otherwise, shall be filled at the next general election for representatives in general assembly, unless a particular election for that purpose shall be sooner appointed by the president and council. No member of the general assembly or delegate in congress, shall be chosen a member of the council. The president and vice-president shall be chosen annually by the joint ballot of the general assembly and council, of the members of the council. Any person having served as a counsellor for three successive years; shall be incapable of holding that office for four years afterwards. Every member of the council shall be a justice of the peace for the whole commonwealth, by virtue of his office.
In case new additional counties shall hereafter be erected in this state, such county or counties shall elect a counsellor, and such county or counties shall be annexed to the next neighbouring counties, and shall take rotation with such counties.
The council shall meet annually, at the same time and place with the general assembly.
The treasurer of the state, trustees of the loan office, naval officers, collectors, of customs or excise, judge of the admirality, attornies general, sheriffs, and prothonotaries, shall not be capable of a seat in the general assembly, executive council, or continental congress.

SECT. 20. The president, and in his absence the vice-president, with the council, five of whom shall be a quorum, shall have power to appoint and commissionate judges, naval officers, judge of the admiralty, attorney general and all other officers, civil and military, except such as are chosen by the general assembly or the people, agreeable to this frame of government, and the laws that may be made hereafter ; and shall supply every vacancy in any office, occasioned by death, resignation, removal or disqualification, until the office can be filled in the time and manner directed by law or this constitution. They are to correspond with other states, and transact business with the officers of government, civil and military ; and to prepare such business as may appear to them necessary to lay before the general assembly. They shall sit as judges, to hear and determine on impeachments, taking to their assistance for advice only, the justices of the supreme court. And shall have power to grant pardons, and remit fines, in all cases whatsoever, except in cases of. impeachment; and in cases of treason and murder, shall have power to grant reprieves, but not to pardon, until the end of the next sessions of assembly ; but there shall be no remission or mitigation of punishments on impeachments, except by act of the legislature; they are also to take care that the laws be faithfully executed; they are to expedite the execution of such measures as may be resolved upon by the general assembly ; and they may draw upon the treasury for such sums as shall be appropriated by the house: They may also lay embargoes, or prohibit the exportation of any commodity, for any time, not exceeding thirty days, in the recess of the house only: They may grant such licences, as shall be directed by law, and shall have power to call together the general assembly when necessary, before the day to which they shall stand adjourned. The president shall be commander in chief of the forces of the state, but shall not command in person, except advised thereto by the council, and then only so long as they shall approve thereof. The president and council shall have a secretary, and keep fair books of their proceedings, wherein any counsellor may enter his dissent, with his reasons in support of it.

SECT. 21. All commissions shall be in the name, and by the authority of the freemen of the commonwealth of Pennsylvania, sealed with the state seal, signed by the president or vice-president, and attested by the secretary; which seal shall be kept by the council.

SECT. 22. Every officer of state, whether judicial or executive, shall be liable to be impeached by the general assembly, either when in office, or after his resignation or removal for mal-administration: All impeachments shall be before the president or vice-president and council, who shall hear and determine the same.

SECT. 23. The judges of the supreme court of judicature shall have fixed salaries, be commissioned for seven years only, though capable of re-appointment at the end of that term, but removable for misbehaviour at any time by the general assembly ; they shall not be allowed to sit as members in the continental congress, executive council, or general assembly, nor to hold any other office civil or military, nor to take or receive fees or perquisites of any kind.

SECT. 24. The supreme court, and the several courts of common pleas of this commonwealth, shall, besides the powers usually exercised by such courts, have the powers of a court of chancery, so far as relates to the perpetuating testimony, obtaining evidence from places not within this state, and the care of the persons and estates of those who are non compotes mentis, and such other powers as may be found necessary by future general assemblies, not inconsistent with this constitution.

SECT. 25. Trials shall be by jury as heretofore: And it is recommended to the legislature of this state, to provide by law against every corruption or partiality in the choice, return, or appointment of juries.

SECT. 26. Courts of sessions, common pleas, and orphans courts shall be held quarterly in each city and county; and the legislature shall have power to establish all such other courts as they may judge for the good of the inhabitants of the state. All courts shall be open, and justice shall be impartially administered without corruption or unnecessary delay: All their officers shall be paid an adequate but moderate compensation for their services: And if any officer shall take greater or other fees than the law allows him, either directly or indirectly, it shall ever after disqualify him from holding any office in this state.

SECT. 27. All prosecutions shall commence in the name and by the authority of the freemen of the commonwealth of Pennsylvania; and all indictments shall conclude with these words, "Against the peace and dignity of the same." The style of all process hereafter in this state shall be, The commonwealth of Pennsylvania.

SECT. 28. The person of a debtor, where there is not a strong presumption, of fraud, shall not be continued in prison, after delivering up, bona fide, all his estate real and personal, for the use of his creditors, in such manner as shall be hereafter regulated by law. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or presumption great.

SECT. 29. Excessive bail shall not be exacted for bailable offences: And all fines shall be moderate.

SECT. 30. Justices of the peace shall be elected by the freeholders of each city and county respectively, that is to say, two or more persons may be chosen for each ward, township, or district, as the law shall hereafter direct : And their names shall be returned to the president in council, who shall commissionate one or more of them for each ward, township, or district so returning, for seven years, removable for misconduct by the general assembly. But, if any city or county, ward, township, or district in this commonwealth, shall hereafter incline to change the manner of appointing their justices of the peace as settled in this article, the general assembly may make laws to regulate the same, agreeable to the desire of a majority of the freeholders of the city or county, ward, township; or district so applying. No justice of the peace shall sit in the general assembly unless he first resigns his commission ; nor shall he be allowed to take any fees, nor any salary or allowance, except such as the future legislature may grant.

SECT. 31. Sheriffs and coroners shall be elected annually in each city and county, by the freemen; that is to say, two persons for each office, one of whom for each, is to be commissioned by the president in council. No person shall continue in the office of sheriff more than three successive years, or be capable of being again elected during four years afterwards. The election shall be held at the same time and place appointed for the election of representatives: And the commissioners and assessors, and other officers chosen by the people, shall also be then and there elected, as has been usual heretofore, until altered or otherwise regulated by the future legislature of this state.

SECT. 32. All elections, whether by the people or in general assembly, shall be by ballot, free and voluntary: And any elector; who shall receive any gift or reward for his vote, in meat, drink, monies, or otherwise, shall forfeit his right to elect for that time, and suffer such other penalties as future laws shall direct: And any person who shall directly or indirectly give, promise, or bestow any such rewards to be elected, shall be thereby rendered incapable to serve for the ensuing year.

SECT. 33. All fees, licence money, fines and forfeitures heretofore granted, or paid to the governor, or his deputies for the support of government, shall hereafter be paid into the public treasury, unless altered or abolished by the future legislature.

SECT. 34. A register's office for the probate of wills and granting letters of administration, and an office for the recording of deeds, shall be kept in each city and county: The officers to be appointed by the general assembly, removable at their pleasure, and to be commissioned by the president in council.

SECT. 35. The printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any part of government.

SECT. 36. As every freeman to preserve his independence, (if without a sufficient estate) ought to have some profession, calling, trade or farm, whereby he may honestly subsist, there can be no necessity for, nor use in establishing offices of profit, the usual effects of which are dependence and servility unbecoming freemen, in the possessors and expectants ; faction, contention, corruption, and disorder among the people. But if any man is called into public service, to the prejudice of his private affairs, he has a right to a reasonable compensation: And whenever an office, through increase of fees or otherwise becomes so profitable as to occasion many to apply for it, the profits ought to be lessened by the legislature.

SECT. 37. The future legislature of this state, shall regulate intails in such a manner as to prevent perpetuities.

SECT. 38. The penal laws as heretofore used shall be reformed by the legislature of this state, as soon as may be, and punishments made in some cases less sanguinary, and in general more proportionate to the crimes.

SECT. 39. To deter more effectually from the commission of crimes, by continued visible punishments of long duration, and to make sanguinary punishments less necessary ; houses ought to be provided for punishing by hard labour, those who shall be convicted of crimes not capital; wherein the criminals shall be imployed for the benefit of the public, or for reparation of injuries done to private persons: And all persons at proper times shall be admitted to see the prisoners at their labour.

SECT. 40. Every officer, whether judicial, executive or military, in authority under this commonwealth, shall take the following oath or affirmation of allegiance, and general oath of office before he enters on the execution of his office.

THE OATH OR AFFIRMATION OF ALLEGIANCE

I________ do swear (or affirm) that I will be true and faithful to the commonwealth of Pennsylvania.: And that I will not directly or indirectly do any act or thing prejudicial or injurious to the constitution or government thereof, as established by the convention,.

THE OATH OR AFFIRMATION OF OFFICE

I _____do swear (or affirm) that I will faithfully execute the office of ______ for the ______of ____ and will do equal right and justice to all men, to the best of my judgment and abilities, according to law.

SECT. 41. No public tax, custom or contribution shall be imposed upon, or paid by the people of this state, except by a law for that purpose: And before any law be made for raising it, the purpose for which any tax is to be raised ought to appear clearly to the legislature to be of more service to the community than the money would be, if not collected; which being well observed, taxes can never be burthens.

SECT. 42. Every foreigner of good character who comes to settle in this state, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold, and transfer land or other real estate; and after one year's residence, shall be deemed a free denizen thereof, and entitled to all the rights of a natural born subject of this state, except that he shall not be capable of being elected a representative until after two years residence.

SECT. 43. The inhabitants of this state shall have liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed ; and in like manner to fish in all boatable waters, and others not private property.

SECT. 44. A school or schools shall be established in each county by the legislature, for the convenient instruction of youth, with such salaries to the masters paid by the public, as may enable them to instruct youth at low prices: And all useful learning shall be duly encouraged and promoted in one or more universities.

SECT. 45. Laws for the encouragement of virtue, and prevention of vice and immorality, shall be made and constantly kept in force, and provision shall be made for their due execution : And all religious societies or bodies of men heretofore united or incorporated for the advancement of religion or learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates which they were accustomed to enjoy, or could of right have enjoyed, under the laws and former constitution of this state.

SECT. 46. The declaration of rights is hereby declared to be a part of the constitution of this commonwealth, and ought never to be violated on any pretence whatever.

SECT. 47. In order that the freedom of the commonwealth may be preserved inviolate forever, there shall be chosen by ballot by the freemen in each city and county respectively, on the second- Tuesday in October, in the year one thousand seven hundred and eighty-three, and on the second Tuesday in October, in every seventh year thereafter, two persons in each city and county of this state, to be called the COUNCIL OF CENSORS; who shall meet together on the second Monday of November next ensuing their election ; the majority of whom shall be a quorum in every case, except as to calling a convention, in which two-thirds of the whole number elected shall agree: And whose duty it shall be to enquire whether the constitution has been preserved inviolate in every part; and whether the legislative and executive branches of government have performed their duty as guardians of the people, or assumed to themselves, or exercised other or greater powers than they are intitled to by the constitution: They are also to enquire whether the public taxes have been justly laid and collected in all parts of this commonwealth, in what manner the public monies have been disposed of, and whether the laws have been duly executed. For these purposes they shall have power to send for persons, papers, and records; they shall-have authority to pass public censures, to order impeachments, and to recommend to the legislature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution. These powers they shall continue to have, for and during the space of one year from the day of their election and no longer: The said council of censors shall also have power to call a convention, to meet within two years after their sitting, if there appear to them an absolute necessity of amending any article of the constitution which may be defective, explaining such as may be thought not clearly expressed, and of adding such as are necessary for the preservation of the rights and happiness of the people: But the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an 0pportunit.y of instructing their delegates on the subject.

Passed in Convention the 28th day of September, 1776, and signed by their order.

BENJ. FRANKLIN, Prest.

*. This constitution was framed by a convention (called in accordance with the expressed wish of the Continental Congress) which assembled at Philadelphia July 15, 1776, and completed its labors September 28, 1776. It was not submitted to the people for ratification.


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