Misc RM 30 Misc reference material Part 1
Reference Material - For Information Only!
Over time we have collected a lot of reference material.
We figured it would be better to share with all rather than just delete it.
If you want it, keep it, otherwise just delete it.
Due to the volume it will take more than one mailing.
The following is not intended to teach you anything!
It is intended to give you some facts that should make you mad and to be shared with others.
Void on its face
The state can't probate anything there are no county courts.
NOTE - IT DOESN'T SAY COUNTY COURT AT LAW and it doesn't say county probate court.
§ 4. JURISDICTION OF COUNTY COURT WITH RESPECT TO PROBATE PROCEEDINGS. The county court shall have the general jurisdiction of a probate court. It shall probate wills, grant letters testamentary and of administration, settle accounts of personal representatives, and transact all business appertaining to estates subject to administration, including the settlement, partition, and distribution of such estates.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.
Amended by Acts 1993, 73rd Leg., ch. 957, § 4, eff. Sept. 1, 1993.
It looks like a judgment recorded from any court other than a justice court is void on its face
Sec. 13.005. EFFECT OF RECORDING JUDGMENT OF JUSTICE COURT. A certified transcript of a justice court judgment recorded under Section 12.015 of this code has the same effect as a recorded deed. A court shall admit as evidence the transcript or a copy of the transcript, if the copy is certified with the signature and seal of the clerk of the county in which the transcript is recorded, in the same manner and with the same effect as the original judgment and execution.
Acts 1983, 68th Leg., p. 3496, ch. 576, Sec. 1, eff. Jan. 1, 1984
Because of the Bankruptcy Acts passed by Congress, Judges of today are instructed to take silent judicial notice that America is a bankrupt nation. As such, it is not operating under Constitutional Law but is instead operating under certain public bankruptcy policies, the very existence of which is not to be made general public knowledge. [5 USCA 903, etc.]
The Constitution for (not of) the united States of America is a common law document.
When this Constitution refers to 'Law' it means the common law.
When it says that you are to be accorded due process of law, it means the common law.
An "at law" action, means at the common law.
"Governments descend to the Level of a mere private corporation, and take on the characteristics of a mere private citizen... where private corporate commercial paper [Federal Reserve Notes] and securities [checks] is concerned. ... For purposes of suit, such corporations and individuals are regarded as entities entirely separate from government." –
Clearfield Trust Co. v. United States 318 U.S. 363-371
What the Clearfield Doctrine is saying is that when private commercial paper is used by corporate government, then Government loses its sovereignty status and becomes no different than a mere private corporation.
If you have ever written a check to the Internal Revenue Service, Inc., you will notice that it has not been endorsed over to the United States Treasury, as it would have been had it been collected on behalf of the United States Government.
It has been endorsed over to the Federal Reserve Bank.
That is because the mission of the Internal Revenue Service, Inc. is to operate on behalf of the creditor (Federal Reserve Bank) of the (corporate) United States.
Not one penny you pay in income taxes goes to the United States treasury. It all goes to the Federal Reserve Bank.
Every year the government must borrow from the Federal Reserve Bank, the funds necessary to conduct business.
Paper currency, currently called Federal Reserve Note's, is not money, it is private commercial paper which has a usury charge associated with it.
From the definition of money we can conclude with certainty that 'Federal Reserve Notes' are not money for they contain evidence of debt (debt currency) and are a note.
DOLLAR. Money. A silver coin of the United States of the value of one hundred cents, or tenth part of an eagle. 2. It weighs four hundred and twelve and a half grains. Of one thousand parts, nine hundred are of pure silver and one hundred are of alloy. –
Bouvier Law dictionary
EAGLE. Money. A gold coin of the United States, of the value of ten dollars. It weighs two hundred and fifty-eight grains. Of one thousand parts, nine hundred are of pure gold, and one hundred of alloy. –
Bouvier Law dictionary
"Travel -- To journey or to pass through or over; as a country district, road, etc. To go from one place to another, whether on foot, or horseback, or in any conveyance as a train, an automobile, carriage, ship, or aircraft; Make a journey."
Century Dictionary, Pg. 2034
Therefore, the term "travel" or "traveler" refers to one who uses a conveyance to go from one place to another, and included all those who use the highways as a matter of Right.
Notice that in all these definitions, the phrase "for hire" never occurs. This term "travel" or "traveler" implies, by definition, one who uses the road as a means to move from one place to another.
Therefore, one who uses the road in the ordinary course of life and business for the purpose of travel and transportation is a traveler.
The term "driver" in contradistinction to "traveler," is defined as:
"Driver -- One employed in conducting a coach, carriage, wagon, or other vehicle ..."
Bovier's Law Dictionary, 1914 ed., Pg. 940
ONLY BELLIGERENTS HAVE RIGHTS
In U.S. vs. JOHNSON (76 Fed, Supp. 538), Federal District Court Judge James Alger Fee ruled that,
"The privilege against self-incrimination is neither accorded to the passive resistant, not to the person who is ignorant of his rights, nor to one who is indifferent thereto. It is a fighting clause. Its benefits can be retained only by sustained combat. It cannot be claimed by attorney or solicitor. It is valid only when insisted upon by a belligerent claimant in person." McAlister vs. Henkle, 201 U. S. 90, 26 S.Ct. 385, 50 L. Ed. 671; Commonwealth vs. Shaw, 4 Cush. 594, 50 Am. Dec. 813; Orum vs. State, 38 Ohio App. 171, 175 N.E. 876.
Note the verdicts confrontational language: "FIGHTING", "COMBAT", and most surprising, "BELLIGERENT".
Did you ever expect to ever read a Federal court condemn citizens for being "passive" or "ignorant"?
Did you ever expect to see a verdict that encouraged citizens to be "belligerent" in court?
Again, we probably should thank Judge Alger Fee for informing us Americans.
This revealing statement succinctly describes the essence of the American legal system.
The court ruled that the constitutional right against self incrimination (Article V of the Bill of Rights) is not automatically guaranteed to any citizen by any government branch or official.
Moreover, despite the government's usual propaganda, this right is not made available to all persons: It is not available to the "passive", the "ignorant" or the "indifferent".
Nor can this right be claimed by an attorney on behalf of his client.
The right against self-incrimination is available only to the knowledgeable, "belligerent claimant in person", to the individual willing to engage in "sustained combat" to FIGHT for his rights.
Here we see that Government claims it is obligated to recognize your Constitutional right against self incrimination only if you fight for those rights.
The above ruling claims that our courts are free to ignore this right of any citizen who is
1) ignorant of his right and/or
2) lacks the courage to fight for his right...
You can't be stupid and free at the same time.
This, as you may remember, is a constitutional right, guaranteed in the 5th Amendment.
Judge Fee has clearly pointed out that if we are ignorant of our rights, we have none.
Neither law enforcement nor the courts are obligated to help us secure our rights.
According to Judge Fee, both the courts and law enforcement will engage us in a form of non physical combat or fighting to see if we can be tricked or intimidated into giving up our rights.
We also see that our rights can not be claimed by an attorney.
It is to be assumed that the Combat referenced by Judge Fee, would be our unwavering fight we put up to claim our rights, not only in court but in any situation that involves the administration of justice, whether it be the ordinary police, the FBI, the Department of Justice, or any other investigative government agency.
CHAPTER 62, 1871 16 United States Statutes at Large 419 FORTY FIRST CONGRESS SESSION III.
CHAPTER 62, 1871 CHAP. LXII. --
An act to provide a Government for the District of Columbia.
Be it enacted by the Senate and House of Representatives of the United States in Congress assembled, That all that part of the territory of the United States included within the limits of the District of Columbia be, and the same is hereby, created into a government by the name of the District of Columbia, by which name it is hereby constituted a body corporate for municipal purposes, and may contract and be contracted with, sue and be sued, plead and be impleaded, have a seal, and exercise all other powers of a municipal corporation not inconsistent with the Constitution and laws of the United States and the provisions of this act.
The language of this act provides that the government of the District (the Federal Government) is a corporation, municipal in nature but still a corporation. Furthermore, District citizens (United States citizens - U. S. citizens) will now be subject to corporation law as well as law of the Republic.
Corporate law is private law even thought the corporation is municipal. Generally we are led to believe that these corporate laws are laws of the people because they have came from Congress... they are not, they are private laws and can only be applied by contract.
Shortly after incorporating, the United States municipal corporation enfranchised its citizens.
"Enfranchisement. The act of making free (as from slavery); giving a franchise or freedom to; investiture with privileges or capacities of freedom, or municipal or political liberty. Conferring the privilege of voting upon classes of persons who have not previously possessed such. See also Franchise." - [Blacks Law Dictionary, Sixth Edition]
Notice that the Enfranchised citizen is granted municipal liberty. Not liberty as it was known and practiced in the Republic, but liberty as defined by the municipal
1. Freedom from an arbitrary or despotic government.
2. Freedom from external or foreign rule.
3. Freedom from captivity, confinement, etc. "
- Random House Dictionary (ISBN 0-345-38705-8)
At Section 8, the Constitution states that "The Congress shall have power to... exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the Government of the United States...", creating the District of Columbia.
What we know as Washington, District of Columbia. How many of us realize this creates a jurisdiction over which Congress has exclusive legislative authority?
We were just told this in the language of the Constitution, but did we understand it?
If not, thank you department of education.
And further, do we understand that this jurisdiction is not inclusive, to the Republic of the united States of America, it is EXCLUSIVE.
This means that the jurisdiction that is the District of Columbia is a FOREIGN jurisdiction to that of the Republic of the united States of America.
If it were an inclusive jurisdiction, the laws of the Republic would apply there, they do not.
The District of Columbia is a corporation, municipal in nature but still a corporation. It was incorporated in 1871 and I may, from time to time, refer to it as the corporation of 1871.
This clearly makes the District of Columbia is a foreign entity and not a part of the Republic of the united States of America?
It is a completely separate jurisdiction and is governed by corporate law separate from the laws of the Republic.
Now, while keeping that fact in mind, read the definition of Liberty again paying particular attention to #2.
Can we take a trip back in time. Perhaps several hundred years, to a time when you fed yourself and your family by hunting with a bow and arrow. Tell me, what would happen to you and your family if someone were to steal your bow(s) and all your arrows.
Survival would suddenly become crucial would it not? To survive you may need to accept assistance from another man. Suppose that this man is the same man who stole your bow and arrows. He may wish you to pay tribute to him for the help he provides.
Yes, I realize that he engineered the scenario by which you now need his help, but that does not matter. He is powerful and in control.
He has your weapons and means of survival. Unless you can find others to stand with you and help you to regain what you need to survive, you will become the slave of the man who has stole your bow and now stands ready to provide you with all the help you need.
All it will cost is your life, liberty and property.
But if you fight back we ignorant American's are going to find you guilty of not playing the fleece game and send you to jail.
Today your property may be your real estate, your tools, books, computer or your money.
Do you think that intelligent men in government service may be able to think up a method by which government could steal all of these things?
Well, they have, and it is contained in the corporate laws of the United States (the District).
All it takes is for the government to make corporate laws that obligate you to pay government a specified amount of money.
If you are unable or unwilling to play the fleece game and do not pay the money, the government will then confiscate (steal) all the things listed previously and you will be left with nothing.
Nothing in the bank, nothing to drive, maybe nothing to eat.
And if you have a job, they may even attach your pay check.
And if this doesn't satisfy them, you may find yourself in prison.
Exactly the things that the founders of the united States of America sacrificed their lives to abolish.
Going back to our scenario of several hundred years ago, imagine that you could not travel the roads and trails without permission of another man or group of men.
It does not take a rocket scientist to determine that to survive requires travel.
Therefore, if you could not travel the roads of your country without the permission of someone else, in order to survive you would have to pay tribute to this man (or body of men).
How many of us are sufficiently educated to understand that this is a violation of the Constitution in spirit and in substance and a violation of Natural Law.
There is a reason our roads are called public rights of way.
And should the day come when government begins to call them public privileges of way, it will be just another step in the psychological profiling of your mind.
We are conditioned to accept the concept that we must be licensed to travel in our cars, but do we really need to be licensed.
Of course not.
Just as we need not be licensed to operate our horse in another period. Did every person riding a horse gallop through town at full speed, raising dust, kicking horse manure on others, and placing lives at risk? Of course not.
Oh, there has always been the juvenile who did this a couple of times before someone took him 'out back' and explained matters to him. But for the most part, people were careful because they were responsible. And when they were not responsible, we filed a complaint with the county sheriff.
A license, any license, is just a means for government to control your life.
It does not guarantee competence, although we pretend that it does.
If you think otherwise, look at what we license to drive.
All that is necessary for careful driving, is responsibility.
If I am liable for you in the event that I injure you, I will be very careful not to do so.
In America, we practice Limited Liability. I am liable for a certain sum of money in the event that I injure you. But if I am under Strict Liability, then I will behave much differently.
If I were to cripple you for life and had to assume your role as bread earner in your family and provide food and shelter for them for the rest of my life or until you are healed sufficiently to assume this role again, I will be very careful how I travel in my car as well as how I ride my horse. And believe me, horses are a lot more unpredictable than cars.
And to cover myself in the event that I become injured by you and you do not have the capacity to feed and house my family, I can provide insurance on myself and file a complaint against you.
Responsibility and accountability is the road to freedom, avoidance is the road to dependence and slavery.
You must have your liberty to hunt or grow your vegetables or go to work and earn what you may.
Life, liberty, and property, - these are the basic requirements of living with freedom and the preservation of any one of them is dependent upon the preservation of the other two - Defend these!
An understanding of the Buck Act
The united States of America
The map of the united States of America includes the 50 sovereign and independent states who are joined together in a union.
It does NOT include the "District of Columbia," which was created by the Constitution of the Union as the legal home of the "federal" government -- which was intended to be a "Servant" to the Union States, not their "Master!"
In order for the Federal Government to tax a Citizen of one of the several states, they had to create a contractual nexus.
This contractual nexus is called "Social Security".
The Federal government always does everything according to principles of laws. In 1935, the federal government instituted Social Security. The Social Security Board then, created 10 Social Security Districts creating a "Federal Area" which covered the several states like an overlay.
In 1939, the federal government instituted the "Public Salary Tax Act of 1939", which is a municipal law of the District of Columbia, taxing all Federal and State government employees and those who live and work in any "Federal area."
Now, the government knows it cannot tax those citizens who live and work outside the territorial jurisdiction of Article I, Section 8, Clause 17, or Article IV, Section 3, Clause 2. So in 1940, Congress passed the "Buck Act" 4 U.S.C. S. 104-113.
In Section 110(e), this Act allowed any department of the federal government to create a "Federal Area" for imposition of the Public Salary Tax Act of 1939, the imposition of this tax is at 4 U.S.C.S. section 111, and the rest of the taxing law is in Title 26, The Internal Revenue Code.
The Social Security Board had already created an overlay of a "Federal Area".
As a result, the Federal Government created Federal "States" which are exactly like the Sovereign States, occupy the same territory and boundaries, but whose names are capitalized versions of the Sovereign States. congress(Remember that Proper Names and Proper Nouns in the English language have only the first letter Capitalized.) For example, the Federal "State" of ILLINOIS is overlaid upon the Sovereign State of Illinois. Further, it is designated by the Federal abbreviation of "IL", instead of the Sovereign State abbreviation of "Ill." So too is Arizona designated "AZ" instead of the lawful abbreviation of "Ariz," "CA" instead of "Calif," etc. If you use a two-letter CAPITALIZED abbreviation, you are declaring that the location is under the jurisdiction of the "federal" government instead of the powers of the "Sovereign" state.
As a result of creating these "shadow" States, the Federal government assumes that every area is a "Federal Area", and that the Citizens therein are "Federal" citizens.
4 U.S.C.S. section 110(d).
"The term `State' includes any Territory or possession of the United States."
4 U.S.C.S. section 110(e).
"The term Federal area means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency of the United States; any federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State."
There is no reasonable doubt that the federal "State" is imposing directly an excise tax under the provisions of 4 U.S.C.S. Section 105 which states in pertinent part:
"Section 105. State and so forth, taxation affecting Federal areas; sales and use tax"
"(a) No person shall be relieved from liability for payment of, collection of, or accounting for any sales or use tax levied by any State, or by any duly constituted taxing authority therein, having jurisdiction to levy such tax, on the ground that the sale or use, with respect to which tax is levied, occurred in whole or in part within a Federal area; and such State or taxing authority shall have full jurisdiction and power to levy and collect any such tax in any Federal area, within such State to the same extent and with the same effect as though such area was not a Federal area."
"Irrespective of what tax is called by state law, if its purpose is to produce revenue, it is income tax or receipts tax under the Buck Act [4 U.S.C.S. sections 105-110]." Humble Oil & Refining Co. v. Calvert, (1971) 464 SW2d. 170, affd (Tex) 478 SW2d. 926, cert. den. 409 U.S. 967, 34 L.Ed2d. 234, 93 S.Ct. 293.
Thus, the question comes up, what is a "Federal area?" A "Federal area" is any area designated by any agency, department, or establishment of the federal government. This includes the Social Security areas designated by the Social Security Administration, any public housing area that has federal funding, a home that has a federal bank loan, a road that has federal funding, and almost everything that the federal government touches though any type of aid.
Springfield v. Kenny, (1951 App.) 104 NE2d. 65.
This "Federal area" attaches to anyone who has a social security number or any personal contact with the federal or state governments. Thus, the federal government has usurped Sovereignty of the People and state Sovereignty by creating these federal areas within the boundaries of the states under the authority of the Federal Constitution, Article IV, Section 3, Clause 2, which states:
"2. The Congress shall have power to dispose of and make all needful rules and regulations respecting the territory or other property belonging to the United States, and nothing in this Constitution shall be so construed as to prejudice any claims of the United States, or of any particular State."
The "SHADOW" States of the Buck Act
Therefore, the U.S. citizens [citizens of the District of Columbia] residing in one of the states of the union, are classified as property and franchises of the federal government as an "individual entity"
Wheeling Steel Corp. v. Fox, 298 U.S. 193, 80 L.Ed. 1143, 56 S.Ct. 773.
Under the "Buck Act" 4 U.S.C. S. sections 105-110, the federal government has created a "Federal area" within the boundaries of all the states.
This area is similar to any territory that the federal government acquires through purchase or conquest, thereby imposing federal territorial law upon those in this "Federal area".
Under federal territorial law as evidenced by the Executive Branch's yellow fringed U. S. flag (see Federal Courts for an explanation) flying in schools, offices and all courtrooms.
So, when you send mail using the two-letter CAPITAL abbreviation for the state, you are addressing the corporate shadow state created by the Buck Act as an extension of the federal District of Columbia, and you are accepting the jurisdiction of the FEDERAL Government within the borders of the Sovereign States!
What you are experiencing is an unprecedented GRAB for power by the "federal" government!
In fact, Agents of the "federal" government have NO jurisdiction within the borders of these separate and sovereign united States -- unless you give it to them!
THE BUCK ACT
In a nut shell, the Buck Act paved the way for the several States to become corporations (municipal in nature) under District law.
And so here in California we have a corporation known as the STATE OF TEXAS.
It is spelled in all capital letters as are the rest of the corporate States.
The county in which I live is Glenn, and so we have a corporation known as the COUNTY OF DALLAS . Again spelled in all capital letters.
Near here is Yuba City which is also a corporation known as the CITY OF DALLAS. Again spelled in all capital letters.
Layer upon layer of corporations, all gaining their existence in laws traceable to the District. Consequently, each of these corporations owe their existence to the District of Columbia and are entities of that jurisdiction.
What this did was to give the legislators of the several States the power and authority to control and abuse corporate citizens. That is those citizens who are a corporate franchise of the corporation of 1871. Perhaps those who have so wondered now have a better understanding.
It was necessary to have a basic understanding of the Buck Act and the corporate layers as a foundation upon which we can build an even greater understanding.
The name of the game is to control as many people as possible and in as many activities as possible. First on the agenda for the District is to increase the number of United States citizens, especially those with either wealth or earning power that will produce wealth that can be extracted (that is taken away) under the laws of the District and other municipal corporations (the corporate States).
The problem that the District faces in doing this is colossal in nature. Under the law of the Republic, law can not compel specific performance upon a purely State Citizen. This blocks the District from compelling any type of specific performance without contract.
For example, law can not compel you to obtain a drivers license to travel in your carriage (car, conveyance, personal property) upon the public rights of way. Can not compel you to give up between 35% and 50% of your earnings or more in the form of income tax. To be compelled to such specific performances, you must contract with the District.
This was accomplished in the 1930's with the advent of Social Security. Because of the way we are educated, most of us believe that we cannot obtain employment without a social security card. This is a truthful ruse, a truthful deception. We all tend to think of employment as 'working for someone'. But the term employment, employee, employer, all have very specific meanings in the internal revenue code, that is statutory law. Meanings that the courts understand and you do not.
You may work for almost anyone without a Social Security card and be compensated for that work. Just because you work for someone does not mean you are an 'EMPLOYEE'.
The term employee is a legal term and to be an 'employee' you must have a Social Security Card.
When you work for someone without a Social Security Card, you are simply a hired hand, worker, laborer or similar such term.
As a purely State citizen, you are a freeman (another legal term). Free to contract and make an agreement with another person in writing or orally, to do certain work and be compensated in a manner that you both agree.
Freeman. A person in the possession and enjoyment of all the civil and political rights accorded to the people under a free government. - [Blacks Law Dictionary, Sixth Edition]
FREEMAN. One who is in the enjoyment of the right to do whatever he pleases, not forbidden by law. One in the possession of the civil rights enjoyed by, the people generally.
1 Bouv. Inst. n. 164. See 6 Watts, 556: - Bouvier
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