Illegal
tax collectors doc
Please
call him Property Tax challenge letter proven Lincoln County
Oregon
John kitzharber.
.Fax:this to (503) 378-6827
I oregon trackers highly recommend you copy this,
https://www.youtube.com/watch?v=jFkULHuyl50
Duly verified
Deceleration of facts
Man to Man
John kitzharber..
I would like to know why our Elected and public employees don't honor there oath, 5usc 2906-3331-3333;
I have done nothing wrong, But ask the questions like, Below, file, As I have been kidnap by public employees for gain, why is this being allowed by you, I'm Disabled as you know,,I believe I have simple salutation to problems that have been misunderstood ,
I would like to set a appointment with you,,,I have sever medical issues as you are aware of,,I don't understand why our Treaty our being ignored,Is it possible to have a press meeting with you,
courtesy Public Notice of tort I Claim your Bonds,
Duly verified
Deceleration of facts DULY
Strawman Birth Certificate Account GIVEN NAME OF
EDWARD MALONE JOHNSTON II
The living breathing Disabled Man from on the job injuries and assault by public employees. Edward -Malone :Johnston II
I Do not Consent or Comply or give my in using my Account with out Express written Consent
disability act 1990 42 u s c 12102
proponent
Edward Malone Johnston II
C/O 1540 N Nye street
Toledo Oregon 97391-9998
Respondent
Linda Pilson
Web site: www.governor.oregon.gov
Lincoln County Courthouse Corporation•
225 W Olive Street •
Newport, Oregon 97365
Date Cert Mail# 7012-2210-0002-3843-5400
Date register mail Monday, September 9, 2013
I Demand ALL Your county tax Stocks and bonds including EIN numbers of all Elected and public Employee’s name Again all EIN numbers, Social security numbers Bond numbers. including but not limited to all Lincoln county public employees corporation members Including Lincoln County Jail Staff,501c3-6,non-profit agency's , affiliates including but not limited of any churches Judges, District Attorney County Commissioner , contracts
I also demanded That the public Volunteer Taxes has paid for ALL the Newport police corporation March 3 1998 Nye beach assault 2005 all cases with said name, All with my corporation name , and Toledo Police corporation and Lincoln county Sheriff office corporation and Lincoln Oregon Court corporation Video's and audio's Public owned recorded s of the court with June 5TH 6TH 7TH 2013 When I was denied my phone call,As I had heart attacks cruel inhuman treatment and kidnap by Toledo police corporation employees..July 20TH 2013. All my Records of my strawman account EDWARD MALONE JOHNSTON II being used with out consent.
I do not Authorize my SSI or any registration numbers being use in any manner by Any corporation with Elected and public employees municipality or any other bonds creation without express Written permission.As thee same with any of my family bloodline written permission ,Protected By the All Constitutional amendments, most of all by my creator God,We need God's help to guide our nation through stormy seas. ... (Ronald Reagan) Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.RONALD REAGAN: History In A Speech. ... When a government puts into place a law that does not agree with God's law we are to oppose it and speak out
You are receiving this Public NOTICE "NOTICE" under Oregon records law et seq., a.k.a. ORS 192 , including The Federal Records Act of 1950, as amended, establishes the framework for records management programs in Federal Agencies. You are required The oath of office taken by an individual under 5 USC § 2906 - Oath; custody | Title 5 - Government section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to . requesting the legal support for personal property Voluntary taxation as it was being implemented against me on the property or this living breathing and disabled man On land domicile owned described in Lincoln county case below. I believe the following requested documentation is crucial for people in This domiciled in Lincoln County to have, and hereby request the waiver of costs for production of same as pre paid on her majesty's secret service. However, should you disagree, you have my firm promise to pay reasonable costs for locating, copying, and mailing to me the following with all due alacrity, itemized,Including from the county budget itemized lines as well . Failure to respond is a violation of Records law as described below, and if no response is made by you, then these conclusions shall be deemed to be admitted by you, and it shall be construed as "bad faith" and fraud as ruled in McNALLY v. UNITED STATES, 483 U.S. 350, 372 (1987), supra, and;
"Silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading. . . Our revenue system is based on the good faith of the voluntary taxpayer and the voluntary taxpayers should be able to expect the same from the government in its enforcement and collection activities. If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately." U.S. v. Tweel, 550 F.2d 297, 299. See also U.S. v. Prudden, 424 F.2d 1021, 1032; Carmine v. Bowen, 64 A. 932.2.7-14
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any state or territory, subjects or causes to be subjected, any citizen of the United States or other person to the deprivation of any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the party injured in an action at law, equity, or other proper proceeding for redress.(Civil Rights) 42 U.S.C. 1963.
Brief and Memorandum of Law
Affidavit of Truth - Specific Negative Averment
Actual and Constructive Notice
Notice of RICO Crimes/U.S. Constitution - Article 1 Section 10 - The U.S ...
www.usconstitution.net/xconst_A1Sec10.html Cached
Article 1 Section 10 of the United States Constitution ... No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal ...
Brief and Memorandum of Law
"If money is wanted by rulers who have in any manner oppressed the People, they may retain it until their grievances are redressed, and thus peaceably procure relief, without trusting to despised petitions or disturbing the public tranquility." Journals of the Continental Congress. 26 October, 1774©1789. Journals 1: 105©13."Government immunity violates the common law maxim that everyone shall have a remedy for an injury done to his person or property." (Civil Rights) (Firemens Ins Co of Newark, N.J. vs Washington County. 2 Wisc 2d 214; 85 N.W.2d 840 1957.)
All government officials and agencies, including all State legislatures, are bound by the Constitution and must NOT create any defacto laws which counter the Constitution:The U.S. Supreme Court, in 1895, ruled unconstitutional a federal law containing income taxes, Bills,statutes and codes with arguments concerning class warfare and the definition of a direct tax."Herein...Ohio's Doctrine of Governmental Immunity was held unconstitutional and others to numerous to mention." (Civil Rights) (Krause vs Ohio, app 2d 1 L.N.W. 2d 321 1971.) Reich vs State Highway Dept. 336, Mich 617: 194 N.W. 2d 700 197"Employees of a city or state are not immune from suit under statute relating civil rights for deprivations of rights on ground that officials were acting within the scope of their ground that officials were acting within the Scope of their responsibilities of performing a discretionary act." (Bunch vs Barnett 376 F.Sup. 23.)"Title 28 Section 1391, this section makes it possible to bring actions against government officials and agencies in district court outside D.C." (Civil Rights) (Norton vs Mcshane 14 L.Ed. 2d 274.)A suit in detinue or replevin in personam should lie to gain possession of property seized by the state. (Civil Rights) Stephen, Pleading (3rd Am ed) p. 47, 52, 69, 74; Ames Lectures on legal history, p. 64, 71; Wilkins v. Despard, 5 Term Rep- 112; Roberts v. Withered, % Mod. 193, 12 Mod. 92.
"This Constitution, and the laws of the United States which shall be made in pursuance thereof;... shall be the supreme law of the land; and the judges in every state shall be bound thereby... The Senators and Representatives and members of the State legislature, and all executive and judicial officers of the United States and the several States, shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding." The Constitution of the united States of America, Article VI, Cl 2, 3.5 U.S.C. 2906, 3331,The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to ..Sec. 3331-3333. Oath of office - Subchapter II - Oath of Office - U.S. Code - Title 5: Government Organization and Employees - January 01, 2011 - Order: 2 - 19265805 ...To protect the people from their elected and public employees,,Many of our people seem to believe that their state government
has jurisdiction to stop the common law Grand Juries. However,
the state government only has authority over statutory (ie. state)
law, not common law. The common law of England was used to
establish the U.S. Constitution, so it existed before it and, thus,
it is superior to it. The common law is time immemorial.
The state government did not create the common law, so it has
no authority to abolish it or control it, unless we allow ourselves
to be tricked to putting common law under statutory law, where
it's "their house, their rules." However, if we operate outside the
statutory rules by invoking common law, no state government
has the authority or jurisdiction to dictate, control or abolish
what we do. They only have authority to enforce our decisions.
If the U.S. Supreme Court acknowledged the authority of the
common law Grand Jury (U.S. v. Williams), why would the
state have authority to counter that opinion? The common law
is superior to all statutory law, and we must only invoke it in
the right way to have superior standing. We need to stop
putting the common law and the Grand Juries underneath
their inferior statutory laws. The people (singular AND plural)
have the ultimate authority!18 USC § 2381 - Treason | Title 18 - Crimes and Criminal ...
www.law.cornell.edu/uscode/text/18/2381 Cached
... is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; ...
"The United States is entirely a creature of the Constitution. Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the Constitution." Reid v Covert 354 US l, 1957.
Any laws created by government which are repugnant to the Constitution carry NO force of law and are VOID:An unconstitutional law states and codes cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, (the Constitution JTM) it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886). See also Bonnett v Vallier, 136 Wis 193, 200; 116 NW 885, 887 (1908); State ex rel Ballard v Goodland, 159 Wis 393, 395; 150 NW 488, 489 (1915); State ex rel Kleist v Donald, 164 Wis 545, 552-553; 160 NW 1067, 1070 (1917); State ex rel Martin v Zimmerman, 233 Wis 16, 21; 288 NW 454, 457 (1939); State ex rel Commissioners of Public Lands v Anderson, 56 Wis 2d 666, 672; 203 NW2d 84, 87 (1973); and Butzlaffer v Van Der Geest & Sons, Inc, Wis, 115 Wis 2d 539; 340 NW2d 742, 744-745 (1983).
"The general rule is that an unconstitutional statute and codes, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A void act cannot be legally consistent with a valid one. 20.181-192United States Code: Title 28a,Rule 5.1. Constitutional ... www.law.cornell.edu/uscode/html/uscode28a/usc_sec_28a... Cached42 USC 1986 provides: 42 USC 1986 provides: Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in the preceding section (1985 of Title 42) are about to be committed, and having power to prevent or aid in preventing the commission of same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful act, neglect, or refusal, may be joined as defendants in the action. (Civil Rights)Mandatory Reporting laws Applier's Elected and public employees and commercial contractors
Defendants can be held in actions under 42 USC 1983, even,This includes Elected and public employees,Effective January 1, 2013, employees of Oregon higher education institutions are considered by law to be subject mandatory reporters of child abuse.http://www.oregon.gov/dhs/abuse/pages/mr_employees.aspx
though they did not act willfully. Even though they did not have a specific intent to deprive the plaintiff of a federal right, such defendants can be held to civil responsibility. Monroe v. Pape, 365 U.s. 167, 1961.24.215-219, the assaults on this man or reported again
An conspiracy is actionable under 42 USC 1985, when there has been an "actual of denial of due process."(Civil Rights) Jennings v. Nester (1954, Ca. 7 Ill.) 217, F.2d 153, CERT DEN 349 U.S. 958, 99 L.Ed. 1281, 75 S.ct. 888."Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void;" and the courts, as well as other departments, are bound by that instrument." Marbury v Madison, 5 US 1803 (2 Cranch) 137, 170?180, and NORTON v. SHELBY COUNTY, 118 U.S. 425.
"When an act of the legislature is repugnant or contrary to the constitution, it is, ipso facto, void." 2 Pet. R. 522; 12 Wheat. 270; 3 Dall. 286; 4 Dall. 18.
"[p]owers not granted (to any government) are prohibited." United States v. Butler, 297 U.S 1, 68 (1936).43.359-365
Purpose: Generally, this section further protects civil action for deprivation of rights protects constitutional rights from invasion by persons acting under state or federal authority. (Civil Rights) Weise v. Reisner, DC Wis. 1970, 318 F.Sup. 580, quoted from U.S.C.A. 1972 pocketpart, P. 40 Title 42, Sec. 1983, Note Paragraph 8,,,,,.
"Liability in damages for unconstitutional or otherwise illegal conduct has the very desirable effect of deterring such conduct. Indeed, this was precisely the proposition upon which 42 USC section 1983 was enacted." '" "Judges may be punished criminally for willful deprivations of constitutional right on the strength of 18 USC Section 241- 242." (Civil Rights) (Imbler vs Pachtman, U.S. 47 L.Ed. 2nd 128, 96 S.Ct.)
44.367-374
This section was passed to enforce U.S.C.A. Constitution Amendment 14 and to protect form interference the rights secured thereby, as well as other constitutional rights; it is directed against conspiracies of private persons; and there is no requirement that conspiracy be under color of law. (Civil Rights) U.S.C.A. 1972 Pocket P. 1675, Title 42, Sec. 1995, Note
28.242-248
The Seventh Circuit of Appeals has held that a public official does not have immunity simply because he operates in a discretionary situation. It indicated that public servants are to be held liable when they abused their discretion or acted in a way that is arbitrary, fanciful, or clearly unreasonable. (Civil Rights) Littleton v. Berbling (1972, Ca. 7 Ill.), 468 F.2d 389.36.304-308 Governmental immunity is not defense in suits brought under this section making liable every person who under color or state law deprives another person of his civil rights. Westberry v. Fisher, DC Me., 1970, 309 F.Sup. 95.18 USC § 2381 - Treason | Title 18 241-242- Crimes and Criminal ...www.law.cornell.edu/uscode/text/18/2381 Cached
... is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; ..
"Insofar as a statute runs counter to the fundamental law of the land, (constitution) it is superseded thereby." (16 Am Jur 2d 177, Late Am Jur 2d. 256)
"...all laws which are repugnant to the Constitution are null and void' (Marbury v Madison, 5 US 1803 (2 Cranch) 137, 174, 170).
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." - Miranda v. Arizona, 384 U.S. 436, 491.
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S., 230 F 2d 486, 489.
"There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights."- Sherar v. Cullen, 481 F. 945.
To disregard Constitutional law, and to violate the same, creates a sure liability upon the one involved:
"State officers may be held personally liable for damages based upon actions taken in their official capacities." Hafer v. Melo, 502 U.S. 21 (1991).
I have a right to question and challenge any Publicly owned taxing activities by Any Public court, their Elected and public employee government,,non-for profits and any affiliates agency as to their validity and legal standing:
"Anyone entering into an arrangement with the government takes the risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority, even though the agent himself may be unaware of limitations upon his authority." The United States Supreme Court, Federal Crop Ins. Corp, v. Merrill, 332 US 380-388 L1947)
"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. United States Supreme Court reminds us in Hale v. Henkel, 201 U.S. 43 (1906):
"The legal right of an individual to decrease or ALTOGETHER AVOID his/her taxes by means which the law permits cannot be doubted" --Gregory v. Helvering, 293 U.S. 465
"The fact is, property is a tree; income is the fruit; labour is a tree; income the fruit; capital, the tree; income the 'fruit.' The fruit, if not consumed (severed) as fast as it ripens, will germinate from the seed... and will produce other trees and grow into more property; but so long as it is fruit merely, and plucked (severed) to eat... it is no tree, and will produce itself no fruit." Waring v. City of Savennah. 60 Ga. 93, 100 (1878.}
[ In My opinion This would included Would include Lawful public employees not elected Employees of the corporation for budgetary gain.Lawful public employees who our oathkeepers to the consitutionallaw to protect us all from commercial or foreign and domestic agents publicly , The voluntary paid tax for united states for America American Citizens ,Including sovereign of the civil rights act of 1866, As Democracy Contracts of the defacto of 1871 On foreign country grounds.. Including the 1933 baking act and house restitution act June 5 1933,Uniform commercial Maritime code, ]
The point being made is that the tree (private property, land, wages, salaries, compensation) is NOT taxable, while the "fruit" (or "income" FROM said property or wages) of the tree CAN possibly be taxed, (but only according to constitutional provisions). Tax upon income derived from, say, rental property, CAN be taxed possibly could be considered interest of the investment if one is a registration voter ,
[I recommend all Rescind their voter registration contact As I have done Filed and on the public and private side] v but ONLY according to the Constitution, because the tax does NOT diminish "tree," the principal, or lessen the value of the person or property. Property taxation diminishes the "tree" itself, (the wealth of the person) thereby creating a possible situation where the tree could disappear because of the tax.YouTube - Theft By Deception Deciphering The Federal Income ...
www.youtube.com/watch?v=xWqf96GqMiI Cached
Thanks Eyes For The Profane The misrepresentation and misapplication of the United States federal income tax constitutes the largest acquisition of wealth by ...
.Play Video
Property voluntary Taxation in Lincoln count or the the state of oregon County:
Property taxation must fall within constitutional guidelines set forth for all People of our nation. To be applied other than under Constitutional parameters is to make such a law or application null and void and is a violation of our constitutional rights.
Direct taxes must be "apportioned among the several states which may be included within this Union". [See Article I, Section 2, Clause 3 and Article 1, Section 9, Clause 4.] These include taxes directly upon people or personal property.
"...all duties, imposts and excises [indirect taxes], shall be uniform throughout the United States". [See Article I, Section 8, Clause 1.]
"Apportionment" means according to the census... the actual number of people in the county or state. "Uniform throughout the United States" means the tax is the same everywhere, such as alcohol, tobacco and other excise taxes, where all Americans pay the same commercial tax regardless of the state they are in.
"Thus, in the matter of taxation, the Constitution recognizes the two great classes of direct and indirect taxes, and lays down two rules by which their imposition must be governed, namely: the rule of apportionment as to direct taxes and the rule of uniformity as to duties, imposts and excises." ...determining that, the classification of Direct adopted for the purpose of rendering it impossible for the government to burden, by taxation, accumulation of property, real or personal, except subject to the regulation of apportionment..." Pollock v. Farmers' Loan & Trust Co. 158, U.S. 601, at 637 (1895).
"The name of the tax is unimportant that it is the substance and not the form which controls;' that the limitations of the constitution cannot be 'frittered away' by calling a tax indirect when it is in fact direct." Pollock v. Farmers' Loan and Trust Co., 157 U.S. 429, 580?1, 583 (1895.
"That decision affirms the great principle that what cannot be done directly (direct taxation) because of constitutional restriction cannot be accomplished indirectly by legislation which accomplishes the same result." Fairbanks v. U.S. 181 U.S. 283, 294 (1901).Income Tax Declared Unconstitutional | Suite101 suite101.com/...tax-declared-unconstitutional-a208974 Cached The U.S. Supreme Court, in 1895, ruled unconstitutional a federal law containing income taxes, with arguments concerning class warfare and the definition of a direct tax.USC : Title 26 - INTERNAL REVENUE CODE | U.S. Code | LII ... www.law.cornell.edu/uscode/text/26 Cached USC : Title 26 - INTERNAL REVENUE CODE. There are 312 Updates Pending. Select the tab below to view. US Code; Notes; Updates; Current through Pub. L. 113-31.
"If it be true by varying the form the substance may be changed, it is not easy to see that anything would remain of the limitations of the constitution, or of the rule of Voluntary taxation and representation, so carefully recognized and guarded in favor of the citizen civil rights act 1866 of each state , For example oregon state,OregonTreaty of 1846. But constitutional provisions cannot be thus evaded. It is the substance, and not the form, which controls, as has been established by repeated decisions of this court." Id. At 296.Lawful,,Due proses is Constitutional the private American side 1866 civil rights act to protect lawful americans from there Elected and public Employees,,Judicial proses Fraud and treasonous Fraud upon the Court, Constitutional law...this mans My right to travel shall be honored.Charlie Sprinkle's section 1983 case from year 1975 www.lawyerdude.8k.com/5718.html Cached Charles Sprinkle’s Section 1983 Case from 1975. Charles Sprinkle ...
I' the Man Given name Edward-Malone: Johnston II denied Medical because of the Denial of the rights to travel I'm the injured party from on the commercial employment injuries The man life liberty and happiness By the united state of American Constitutional laws , Title 5 title 6 title 14 title 16 title 18 241-242 to protect me from Foreign and domestic.
The Constitution of the United States of America and Case law shows that capitation taxes and taxes on my personal private property are in the category of direct voluntary taxes as being applied and forced to this Living man Edward -Malone:Johnston on his domicile today by Lincoln County corporation other corporation and its agents,I do not comply,Or grant any authority over in any manner
"Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property...and is regarded as UNALIENABLE." 16 C.J.S., Constitutional Law, Sect.202, p.987. but which must be apportioned among the States as required by the United States Constitution if it is a direct tax. (See Supreme Court Case law - Penn Mutual Indemnity Co. v. C.I.R., 277 F.2d 16, 19-20 (3rd Cir. 1960); Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937)).
Lawful,,Due proses is Constitutional the private American side 1866 civil rights act to protect lawful americans Two or more generations Born on United states of American soil from there Elected and public Employees,,Judicial proses Fraud and treasonous Fraud appone the Court, Constitutional lawf..That an officer or employee of a state or one of its subdivisions is deemed to be acting under "color of law" as to those deprivations of right committed in the fulfillment of the tasks and obligations assigned to him. Monroe v. Pape, 1961, 365 U.S. 167. (Civil Rights)By the great weight of authority it is acknowledged that generally "public officials" are not immune from suit when they allegedly violate the civil rights of citizens, and that a "public official's" defense of immunity is to be sparingly applied in these kinds of cases. James v. Ogilvie, 1970, DC Ill., 310 F. Sup. 661, 663.18.158-168
42 USC 1985. (2) ...If two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any state or territory, with the intent to deny any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to equal person except judges." See u.S. 29 L.Ed. 619, 91 S.ct., Bivens v. Six unknown named agents of the Federal Bureau of Narcotics. (Civil law)
The Constitution of the United States of America and Case law shows that since capitation taxes and taxes on my personal private property must be apportioned among the States in accordance with the United States Constitution, and my personal private property tax is NOT being legally apportioned among the States (or oregon state) by Lincoln County, they must, therefore, be in the category of indirect taxes, which are taxes imposed on the happening of an event or activity.
"Direct taxes bear immediately upon persons, upon possessions and enjoyments of rights. Indirect taxes are levied upon the happening of an event..." Knowlton v. Moore. 178 U.S. 41. See also, Tyler v. United States, 281 U.S. 497, at 502 (1930)
"A tax laid upon the happening of an event as distinguished from its tangible fruits, is an indirect tax..." Tyler v. U.S. 497 at pg 502 (1930)
"A tax levied upon property because of its ownership is a direct tax, whereas one levied upon property because of its use is an excise, duty or impost." Manufactures' Trust Co. vs. U.S., 32 F. Supp. 289.
"A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution." Murdock vs. Com. of Penn., 319 US 105, at 113; 63 S Ct at 875; 87 L Ed at 1298 (1943)
All Citizens have the right to a home and personal property, and this property cannot be taxed unless in accordance with the two forms of Constitutional taxation mentioned above."Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property...and is regarded as UNALIENABLE." 16 C.J.S., Constitutional Law, Sect.202, p.987.
"Keeping in mind the well settled rule, that the citizen is exempt from taxation, unless the same is imposed by clear and unequivocal language, and that where the construction of a tax is doubtful, the doubt is to be resolved in favor of those upon whom the tax is sought to be laid." Spreckles Sugar Refining Co. vs. McLain: 192 US 397."An unconstitutional act is not law; it confers no right; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed." Norton vs Shelby County118 US 425 p.442
"The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. No one is bound to obey an unconstitutional law and no courts are bound to enforce it."16th American Jurisprudence 2d, Section 177, late 2nd, Section 256Title 42, Section 1983 has been held to provide a civil action to protect persons against misuse of power possessed by virtue of state law. "Was clothed with the authority of the state." Davis v. Johnson, 1955 DC Ill. 138 F.Sup., 572; Jobson v. Henne, 1966 Ca. 2 NY 355 F. 2d 139.Judges are not immune from criminal sanctions under the Civil Rights Act. ex parte Virginia (1879), 100 U.S. 339.The court of appeals for the Sixth Circuit has reaffirmed its view that a judge loses all immunity when he acts in absence of all jurisdiction, and has held a referee of a juvenile court responsible in a section 1983 action for abuse of a child. (Civil Rights)Lucarell v. McNair, 1972, Ca. 6, Ohio"453 F.2d 389. The assault's,Slander , harassment, counting threats , and attempts on Edward - Malone : Johnston II the living man's Life,NOT EDWARD MALONE JOHNSTON II Birth Certificate BOND 1933 banking act, house resolution 192 june 5 1933 ,As I the living man has publicly claimed this bound and private Records protected by the fourth amendments, As February 5 2012 my house was entered and files missing last one in my home was member of the city of Toledo police a public employe was the last on in my home Filed in Lincoln county DA's office Cases, Including December 2011 being kidnap by Newport police on file from DMV office in city of Newport,Lawful,,Due proses is Constitutional the private American side 1866 civil rights act to protect lawful americans from there Elected and public Employees,,Judicial proses Fraud and treasonous Fraud appone the Court, Constitutional lawfulness court proceeding of a jury of 12, jury nullification,,,, Judicial proses Democracy Courts is the defato of 1871,
In your County records or documentation, I do not find any tax imposed on any activities I am involved in as rights under the Constitution, nor Have I find a section in the Oregon Revised Statutes or county law to-date that makes me subject to or liable for any direct or indirect, unconstitutionally applied private domicile property tax.That an officer or employee of a state or one of its subdivisions is deemed to be acting under "color of law" as to those deprivations of right committed in the fulfillment of the tasks and obligations assigned to him. Monroe v. Pape, 1961, 365 U.S. 167. (Civil Rights)Outgoing IRS Chief: Taxes Voluntary
Outgoing IRS Chief: Taxes Voluntary. ... Our system of government Is a voluntary tax system. ... What does this say about the US and, ...
www.breitbart.com/.../05/17/IRS-Chief-Taxes-Are-Voluntary - Cached
Slap My Head Alert! Outgoing IRS Chief: Taxes Voluntary ...
There is NO LAW that says you must pay taxes or else. ... No one can call themselves reasonably intelligent and state the IRS and taxes are a voluntary system here in,A Sovereign is a private, non-resident, non-domestic, non-person, non-individual, NOT SUBJECT to any real or imaginary statutory regulations or quasi laws enacted by any STATE legislature which was created by the People.
"The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the "citizenship" to the agencies of government."
City of Dallas v Mitchell, 245 S.W. 9
Queen Elizabeth controls and has amended U.S. Social Security
Queen Elizabeth controls and has amended U.S. Social Security. ... S.I. 1997 NO.1778 The Social Security ... stating in court that he takes his orders from England?
www.apfn.org/apfn/queen.htm - Cached
Connecting The Dots of Social Security To Queen of England To ...
Social Security Administration and how the Queen of England owns Social Security ... March 9, 1933; pg 76, 83 ... recently confirmed by Hillary Clinton ......
Affidavit of Truth - Specific Negative Averment
Notice of Affidavit of Withdrawal of Consent, and Withdrawal of Consent".
I the Living Edward - Malone :Johnston II A Disabled living man Denied Medical by the State of Oregon Elected and public employees , Including Lincoln County Elected and public employes , Most of all Including the City of Toledo Mayor and city council ,Toledo City Corporation Police Dept employees , Included their Elected and public employees and union members affiliates, All Police Department's non for profit agency . Referring to the 2006 Inspectors Generals Report That's States that the local Elected and public employees have a vendetta out for me, File with Rob Bovett Also in Lincoln County Case Files involving the assault By Elected and Public on this man
1. I am not in receipt of any documentation showing what type of voluntary taxes I was being assessed for, direct, indirect or named other type of tax.
2. I am not in receipt of any documentation showing Lincoln County's legal,/lawful,An or constitutional authority, including statutory law (positive law) to tax, directly or indirectly, my personal, private property, since it was being applied as neither direct nor indirect according to law.The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to ...
3. I am not in receipt of any documentation showing I Am lawfully or bound by any contract liable for private property taxes applied contrary to the Constitution of the United States for America,The U.S. Supreme Court, in 1895, ruled unconstitutional a federal law containing income taxes, with arguments concerning class warfare and the definition of a direct tax,42 USC 1985. (2) ...If two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any state or territory, with the intent to deny any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to equal person except judges." See u.S. 29 L.Ed. 619, 91 S.ct., Bivens v. Six unknown named agents of the Federal Bureau of Narcotics. (Civil law)
4. I am not in receipt of any documentation showing the name of the responsible party who authorizes said personal property taxes, and their jurisdiction on this issue, nor signature and printing of that name included in the document.
5. I am not in receipt of any documentation showing why I was liable for the above listed A-E, itemized taxes being assessed against me, nor documentation showing the benefits I personally received for each of these taxes... i.e. how was I being represented by these taxes.Defendants can be held in actions under 42 USC 1983, even though they did not act willfully. Even though they did not have a specific intent to deprive the plaintiff of a federal right, such defendants can be held to civil responsibility. Monroe v. Pape, 365 U.s. 167, 1961.
6. I am not in receipt of any documentation showing the method of assessment, the rules for assessment, the financial criteria used for this assessment or copy of any independent, certified appraisal of said property.
7. I am not in receipt of any documentation showing the name and company name of independent appraiser, or the legal, certified status of said appraisal.
An conspiracy is actionable under 42 USC 1985, when there has been an "actual of denial of due process."(Civil Rights) Jennings v. Nester (1954, Ca. 7 Ill.) 217, F.2d 153, CERT DEN 349 U.S. 958, 99 L.Ed. 1281, 75 S.ct. 888.
8.I am making a Public Demand for documents under the Oregon and Federal PUBLIC (OPEN) RECORD ACT (ORs) regarding the following:
1. Documentation regarding which type of tax my private domicile property County Volunteer taxes fell under; "direct" or "indirect," or other taxing category, naming the specific category.
2. Please provide certified documents showing Lincoln County's legal and constitutional authority, including statutory law (positive law) to tax, directly or indirectly, my personal, private property, including on land and home, since it was being applied as neither direct nor indirect.
3. Please provide documentation of who the responsible party is who authorized said taxes, and their jurisdiction on this issue, to include signature and printing of that name on this document. There must be statutory law (positive law) that exists which allows this taxation, but it cannot be in conflict with the Constitution; Including in this the Living breathing man given name on a birth certificate Registration number {Personal record protected by the 1Th 2th,3Th 4th Amendments Edward-Malone :Johnston II is the injured party Who has been intimidated, Treated ,Assault,Kidnap held against hes will including a gun point,incarcerated , Slandered.Denied medical
4. Please provide documentation on how I was being represented by the following taxes being assessed against my personal property:
(List all taxes on your assessment each itemized )
5. Please provide documentation showing the method of assessment, the rules for assessment, the financial criteria used for this assessment, and copy of independent, certified appraisal of said property.
6. Please provide a complete record of all taxes paid by me on the property listed below, since I claimed this domicile , to include itemization of taxes for land, taxes for buildings on said land, or any other taxed item.
7. Please provide documentation of who actually signs/verifies/authenticates the assessments on real and personal property, and on any delinquency notices for unpaid taxes. An unsigned assessment is insufficient legal notice and a nullity, unless you can document and verify otherwise.
8. 8.94.01.02: Racism, Discrimination, and the Law - Yale University
www.yale.edu/ynhti/curriculum/units/1994/1/94.01.02.x.html Cached
It will explore the effects of racism in education, ... The Constitution of The United States and federal laws supersede any law made at the state level.
9.www.eeoc.gov/laws/types/race_color.cfm Cached
Race/Color Discrimination. Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of ..
My right to not be taxed illegally or unconstitutionally stands firm in law, but this right appears to me to have been violated through forced private property taxation by Lincoln County, and the exercise of my right to not be illegally taxed can not be "converted into a crime" for not paying these taxes.
Actual and Constructive Notice
This is actual and Constructive Notice that I believe this to be criminal activity against me personally and I am requesting legal rebuttal, point by point, of these positions, or it will be presumed to be a correct assessment of my personal situation.
If not contested, a refund of all monies paid during ownership, with compensatory damages (or agreeable settlement), will be expected no later than 30 days from date of this document, or 5% interest rate per month will accrue on total as outlined above. The application of force or coercion in any way which counters the supreme law of the land, and which extracts financial consideration from me, under the color of law, is criminal conversion and fraud under UCC laws, Common Law, and is a violation of the Racketeering (RICO) laws.
Finally, the auction or sale of private or business property for presumed past due property taxes without a court order and hearing is a direct violation of Due Process, and a civil right violation upon whom it occurs. Those involved with such an illegal sale without a legal judgement via a court hearing, with all facts being adjudicated, are parties to this criminal activity and can be held personally liable for RICO and civil rights violations. This includes parties who may purchase said property, as accomplices in said action, as ignorance of the law is no excuse.
The Supreme Court ruled that Municipalities cannot exert any acts of ownership and control over property that is not OWNED by them, see Palazzolo v. Rhode Island 533 US 606, 150 L.Ed. 2d 592, 121 S.Ct. ___(2001) (no expiration date on the taking clause for City's illegal enforcement of its Codes on the man's private property and restricting the man's business), affirming both Lucas v South Carolina Coastal Council, 505 US 1003, 120 L.Ed. 2d 798 (1992).(butterfly activists and Code Enforcement cannot restrict development of the man's private swampland unless they lawfully acquire the land FIRST, surveying with binoculars constitutes a "takings"), and Monterey v. Del Monte Dunes, 526 US 687 (1999), 143 L.Ed. 2d 882 S.Ct.____ (1998).
In the Monterey case, the California private property owner was awarded $8 million for Code Enforcement's illegal trespass and restriction of his business, and another $1.45 million for the aggravation of a forced sale.No Game Read all an pass on,,Police Departments are registered as NON-PROFIT CORPORATIONS,piracy
<http://occupycorporatism.com/illegal-police-department-activity-threaten-to-bankrupt-counties-nationwide/>
ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED. California Law prohibits Cities and Counties from enforcing City or County Codes and Ordinances upon property that is not ...
www.usavsus.info/ Enforcement Not Allowed. htm - Cached
ConspiracyWatch> ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED
ConspiracyWatch> ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED Jack Bauer bowersecret at gmail.com Thu Jul 1 10:22:56 CDT 2010. Previous message: ConspiracyWatch> Kagan ...
constitutionalgov.us/pipermail/ conspiracywatch... - Cached
“It is not the duty of the police to protect you. Their job is to protect the Corporation, Elected and public employes and arrest code breakers.” (Sapp v. Tallahasee, 348 So. 2nd. 363, Reiff v. City of Philadelphia 477 F.Supp. 1262, Lynch v. N.C. Dept of Justice 376 S. E. 2nd. 247.)
Federal Law also prohibits Cities and Counties from issuing citations against businesses, see Title 18 U.S.C.891-896, quoting Section 891 "An extortionate means is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property."
THE MISSING 13TH AMENDMENT By: Judge Dale | Removing The Shackles
removingtheshackles.net/...13th-amendment-by-judge-dale Cached
On or about March 20, 2013, the New Hampshire Legislature passed HB 638, recognizing Article XIII, known by few as: “The Missing 13 TH Amendment,” missing from ...
Notice of Possible RICO Crimes
Assessor's office actions in demanding and unconstitutionally enforcing property tax code against me is in violation of my civil rights and is in violation of the Racketeering (RICO) laws, fulfilling the four requirements for a RICO crime to exist as follows:
All Lincoln County Jail Photos and finger prints illegally taking from man Edward-Malone :Johnston II Paid for By Lincoln county Volunteer taxes Shall Be Deleted and Conformed in Witting With them to C/O or P/o pox 1540 n Nye Street Toledo oregon 97391-9988.
Historical Summary
The Oregon Treaty of 1846 was an agreement with Great Britain that gave the U.S. undisputed claim to the Pacific Northwest south of the 49th parallel. The states carved out of this treaty are the present states of Oregon, Washington, Idaho and the southwest corner of Wyoming. This treaty with Great Britain was signed on June 12, 1846 [9 Stat. 869], and all federal land patents of these states flow from the treaty and fall under the supremacy clause of the constitution, therefore, no state, private banking corporation or other federal agency can question the superiority of title to landowners who have "perfected" their land by federal land patent. Jurisdiction by any state court is invalid, and since federal land patents cannot be collaterally attacked as to their validity or authenticity as highest evidence of title, no mortgage institution can claim title to land by its “lien." Certified federal land patents were given free and clear title with no encumbrances, then or now!
The lead case that said treaty law cannot be interfered with by a state legislature in Ware v. Hylton, [(1976) 3 Dall. (3 U.S. 199)]. In this the Supreme Court held that a treaty is the supreme law of the land (Article VI, Section 2: "and the judges in every state shall be bound thereby, anything in the constitution or the laws of any State to the contrary notwithstanding”!)...that any act of the legislature cannot stand in its way because a treaty is the declared will of the people ,of all the United States and shall be superior to the constitution and laws of any individual state." [Emphasis by the court.] In other words federal land patents put into evidence by a land owner cannot be challenged by a state court because it flows from a United States treaty, and therefore, no court has jurisdiction over title or ownership to land that traces its source to the paramount or common source of title from the United States government, banks and private corporations notwithstanding, because federal land patents were never given to corporations, only to private citizens hence the term "private land claim" or “PLC" (as we call it) used by the Bureau of Land Management as the date of the original patent."Expatriating a U.S. citizen SUBJECT to the Citizenship Clause of the Fourteenth Amendment on the ground that, after reaching the age of 18, the person has obtained foreign citizenship or declared allegiance to a foreign state generally will not be possible absent substantial evidence, apart from the act itself, that the individual specifically intended to relinquish U.S. citizenship. An express statement of renunciation of U.S. citizenship would suffice."
The lead case for the Louisiana Purchase States is American Insurance Company v. Canter [(1828) 1 Pet (26 U.S.) 511] in which Justice Marshall held the power to make treaties is an absolute power of the United States government and from that power arises the right to govern it, i.e., treaty law is superior to any state laws* and is the supreme law of the land (“zoning law” included*). THE OREGON TREATY, 1846
TREATY WITH GREAT BRITAIN A FOREIGN AND DOMESTIC GOVERNMENT,
without Prejudice All Rights Reserved UCC1-308
Sovereign Confidentiality Notice:
I am not an attorney, medical professional or financial adviser and all the exchanges contained in this email are for personal use only. This private email message, including any attachment[s] is limited to the sole use of the intended recipient[s] and may contain Privileged and/or Confidential Information. Any and All Political, Private or Public Entities, Federal, State, or Local Corporate Government[s] , et. al.,and/or Third Party[ies] working in collusion by collecting and/or monitoring My email[s] and collecting these communications Without my Exclusive Permission are Barred from Any and All Unauthorized Review,Use, Disclosure or Distribution. With Explicit Reservation of All My Rights, Without Prejudice and Without Recourse to Me, Any omission does not constitute a waiver of any and/or ALL Intellectual Property Rights & Reserved Rights. It is my hope that the things within this email are a blessing unto every reader without exception, for I desire peaceful co-existence with ALL!
www.oregontrackers.com
a). Association In Fact; two people acting together (knowingly or unknowingly) which affects Interstate Commerce...
The actions in activities and enforcement clearly constitute financial fraud, which is supported by multiple layers of "associations" with the primary intent of taking assets from citizens and profiting the government. This need only be $1.00 in loss to fulfill this requirement.
b). Two or more similar acts of fraud, mail fraud or extortion having occurred...
The actions have been ongoing, as proven by the ongoing efforts by the Assessor's office yearly adding with other Elected and elected and public agency's. In addition, mail fraud, a Federal Crime, is also involved with this scheme by the use of the postal system to extract finances unlawfully.
c). Money or property deprivation...From thee disabled and Elderly,
This is self evident in Assessor's office correspondence, demands, printed material, court proceedings, etc.
d). Pattern is likely to continue.
Pattern has been continuing for many decades and is growing worse. The only way it will stop is for the Rule of Law to be enforced and for constitutional rights to be enforced... In other words, oaths of office must be obeyed and not violated, creating even more criminal events in the way of treason against the American People.
See also 18 USC Sec. 241 01/19/04 TITLE 18- CRIMES AND CRIMINAL PROCEDURE - PART I - CRIMES CHAPTER 13 - CIVIL RIGHTS Sec. 2414 Conspiracy against rights. If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same. . . They shall be fined under this title or imprisoned not more than ten years, or both;
Failure to respond within 30 days to this Oregon and federal Open Records Act request, or supplying incomplete, misleading, or errant responses, is punishable under et seq., by a $100.00 fine, 90 days in jail, or both, for EACH infraction. This is Evidence in Fact for any court proceedings.
If no rebuttal, point by point, is forthcoming within 30 days from the date of receipt, you will be in default and all testimony and evidence will be held as true and correct.
Payment of assessed taxes will be under duress and protest , and legal action will be taken against you personally, and against your superiors personally for civil rights violations, and RICO violations.Title 5,Title 6, title 17 title 18 title 28, All rights Reverend
Risk Management Assessment Management Contacts
Thank you for your speedy response in helping me to understand my lawful and constitutional rights to protect our family from the elected and public employees foreign and domestic on this issue.
All Specific Rights are explicitly reserved, without prejudice, U.C.C. 1-207/308.
Remedy for my time Value at
each hour of contract billing time invoice shall be billed at 7oz 99.9 pure gold,including 7 oz of 99.9 pure silver per hour, Shall, be handed over at the time of appearance or time of contact without my Written permission , minimum 2hours billing time Will be Charged.
Risk Management Assessment Management Contacts and Contracts with my approval only.
___________________________________________________________________
( Family name and C/O 1540 N Nye Street , and Autograph)
no leans or levy shall ever be placed on said
Property recorded Legal description:Map11 10 8 b c Voluntary Tax Lot 2400,Voluntary Tax lot 2502 TWNSHP 11 RNG 10,Acres 0.11, DOC 200702611,
Lincoln county County Clerk Recorded book 229 pages 0703- 1563, Electric pole on property number Go08-266,565A6, BOOK 221 page 2277,BOOK PAGE 2271,2272, BOOK 273 Page 0573,BOOK 273 PAGE 0574 BOOK 229 page 0703-1563,Book 225 page 1791or7,Page 1798,book 229 page 0704,1564,book 273 page 0574 book 273 page 0573,B329-PO117,B329-PO116B329-PO120, I have never Authorized any of loomis survays or hes trespass on my said land or any other survays since I Claimed said land in 1996,,
CC:your state Attorney General J - certified mail# 7012-2210 0002-3843-5561
district Congressman Kurt Schroder,,certified mail,7012-2210-0002-3843-5585
, John Kitzhaber, Oregon senator house member majority,Ted Ferrioli - certified mail# 7012-2210-0002-3843-5578
Wayne Belmont,Bill Hall, Terry Thompson and Doug Hunt.Dennis Dotson,Rob Bovett - certified mail# 7012-2210-0002-3843-5431
CC. to others, All Rights Reserved of barrier to add or delight
I declare under penalty of perjury that the identified sovereign individual, (Edward- Malone:Johnston II), appeared before me with picture identification, and acknowledged this document before me on;
Autograph
___________________________________
Date______________
Stamp
_____________________________________ (NOTARY PUBLIC'S JURAT)
Date: __________________ /s/
Certificate of Mailing
I, (Edward - Malone:Johnston II), I do certify that I mailed this original certified document #7012-2210-0002-3843-5400 consisting of Brief and Memorandum of Law, Affidavit of Specific Negative Averment, Actual and Constructive Notice - Brief and Memorandum of RICO (Racketeering) Crimes, to the Linda pilson County Assessor's office, certified mail #7012-2210-0002-3843-5400 ,CC:your state Attorney General J - certified mail# 7012-2210 0002-3843-5561
district Congressman Kurt Schroder,,certified mail,7012-2210-0002-3843-5585
Ed's Kidnapping 09/11/2013 by Toledo Police Department Corporation
www.youtube.com
YouTube - Further harassment from City of Toledo Chief of ...
www.youtube.com/watch?v=HTXTZOI8Oqg Cached
Ed's audio of Chief Enyeart warning him for his safety starting at just after 9 minutes into the audio. There is a threat of Ed's first and fifth amendment ...
.Play Video
YouTube - Harassment on our way to City of Toledo Oregon ...
www.youtube.com/watch?v=qj8MkMHMNsk Cached
Harassment on our way to City of Toledo Oregon Council Meeting Part ... 26:51 Further harassment from City of Toledo Chief of Police David Enyeart by Laura ...
.Play Video
June 5th 2013 Lincoln county Commissioners meeting,
Ed Johnston Running for Sheriff 06/05/2013 - YouTube
www.youtube.com/watch?v=6tVMlqBuMdc Cached
10:18 I Do Not Consent.I Claim Common Law Jurisdiction TheKimrob Featured 43,557; 1:36:39 David-Sidney Rideout Session 2 JoelAkira 3,021 views; 1:43:30 ...
.Play Video
THAT "Due to sloth, inattention or desire to seize tactical advantage, lawyers [judges, and Executive administrators] have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law." (Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982)), the general misconception among the public being that any exercise of state police, regulatory, or judicial power bearing the appearance of law is in fact in agreement with the law of the land, and is therefore legitimate in its operation as implemented or imposed.
11. THAT The Supreme Court has warned, "Because of what appear to be Lawful commands [Statutory Obligations, Regulations and Restrictions] on the surface, many citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights, due to ignorance...
, John Kitzhaber, Oregon senator house member majority,Ted Ferrioli - certified mail# 7012-2210-0002-3843-5578
Wayne Belmont,Bill Hall, Terry Thompson and Doug Hunt.Dennis Dotson,Rob Bovett - certified mail# 7012-2210-0002-3843-5431
CC. to others, All Rights Reserved of barrier to add or delight onlyand copies of original to the above named individuals, certified mail #'s listed above, all mailed on (date) ________________.
info
A must read
http://www.uscourts.gov/uscourts/rules/civil-procedure.pdf
http://www.uscourts.gov/uscourts/rules/civil-procedure.pdf
www.uscourts.gov
http://www.oregontrackers.com/Civil_Rights.html
The original and Judicial jurisdiction of the United States Supreme Court is ALL actions in which a State may be party, thru subdivision, political or trust. This includes ALL state approved subdivisions and/or INCORPORATED Cities, Townships, Municipalities, and Villages, Et Al . Please see Article 3, Section 2, Para. (1) and (2), U.S. Constitution.Sheriff for each county our the lawful Authority.http://www.scribd.com/doc/149937159/Sheriffs-Independence-Day-Letter-Certificate
Sheriffs Independence Day Letter Certificate
www.scribd.com,"Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property...and is regarded as UNALIENABLE." 16 C.J.S., Constitutional Law, Sect.202, p.987.
Read And learn the truth
http://realitybloger.wordpress.com/2013/05/18/its-time-to-withdraw-your-membership-to-the-united-states/
Meet Your Strawman! - YouTube
www.youtube.com/watch?v=ME7K6P7hlko Cached
The story of how everyone has a strawman created for them at birth and how it is used to collect revenue for your government. A fun and informative ...
.Play Video
Meet Your Straw Man - Fine Line Media - Information for ...
www.nomoretyranny.org/strawman.htm Cached
Meet Your Straw Man This is must know information for the Free World. NOTE: Some of the information within this site is content from U.S. sources.
http://adask.wordpress.com/2009/06/14/actions-of-account/
Here it is, from the horses mouth! Why not rebut the presumption BEFORE something happens. I'm not saying there are no other ways, like Rob's process (loved the book btw), but there are many ways to skin a cat. Expatriate 14th Amendment citizenship officially and default their asses via notice.
"Expatriating a U.S. citizen SUBJECT to the Citizenship Clause of the Fourteenth Amendment on the ground that, after reaching the age of 18, the person has obtained foreign citizenship or declared allegiance to a foreign state generally will not be possible absent substantial evidence, apart from the act itself, that the individual specifically intended to relinquish U.S. citizenship. An express statement of renunciation of U.S. citizenship would suffice."
The Dick Act of 1902 - Gun Control My A$$ - YouTube
Rod Class revisits the The Dick Act of 1902 AKA the militia Act of 1903 which can never be repealed on this holiday season. An instant holiday classic for ...
www.youtube.com/watch?v=86bYVJbcdqA - Cached
More results from youtube.com »
State Rights | Treaties Do Not Supersede the Constitution
... let alone alien to our entire constitutional history and tradition ... No law or treaty supersedes the Supreme Law of the Land. 'Supreme' ...
www.sweetliberty.org/issues/staterights/treaties.htm - Cached
Constitutional Limitations on the Treaty Power :: Article II ...
Constitutional Limitations on the Treaty Power. A question growing out of the discussion above is whether the treaty power is bounded by constitutional limitations.
law.justia.com/.../19-constitutional...on-treaty-power.html - Cached
Treaties, International Law, and Constitutional Rights
Introduction Can a treaty override an individual right protected under the Constitution? In its 1957 decision in Reid v. Covert, the Supreme Court held that the
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John kitzharber.
.Fax:this to (503) 378-6827
I oregon trackers highly recommend you copy this,
https://www.youtube.com/watch?v=jFkULHuyl50
Duly verified
Deceleration of facts
Man to Man
John kitzharber..
I would like to know why our Elected and public employees don't honor there oath, 5usc 2906-3331-3333;
I have done nothing wrong, But ask the questions like, Below, file, As I have been kidnap by public employees for gain, why is this being allowed by you, I'm Disabled as you know,,I believe I have simple salutation to problems that have been misunderstood ,
I would like to set a appointment with you,,,I have sever medical issues as you are aware of,,I don't understand why our Treaty our being ignored,Is it possible to have a press meeting with you,
courtesy Public Notice of tort I Claim your Bonds,
Duly verified
Deceleration of facts DULY
Strawman Birth Certificate Account GIVEN NAME OF
EDWARD MALONE JOHNSTON II
The living breathing Disabled Man from on the job injuries and assault by public employees. Edward -Malone :Johnston II
I Do not Consent or Comply or give my in using my Account with out Express written Consent
disability act 1990 42 u s c 12102
proponent
Edward Malone Johnston II
C/O 1540 N Nye street
Toledo Oregon 97391-9998
Respondent
Linda Pilson
Web site: www.governor.oregon.gov
Lincoln County Courthouse Corporation•
225 W Olive Street •
Newport, Oregon 97365
Date Cert Mail# 7012-2210-0002-3843-5400
Date register mail Monday, September 9, 2013
I Demand ALL Your county tax Stocks and bonds including EIN numbers of all Elected and public Employee’s name Again all EIN numbers, Social security numbers Bond numbers. including but not limited to all Lincoln county public employees corporation members Including Lincoln County Jail Staff,501c3-6,non-profit agency's , affiliates including but not limited of any churches Judges, District Attorney County Commissioner , contracts
I also demanded That the public Volunteer Taxes has paid for ALL the Newport police corporation March 3 1998 Nye beach assault 2005 all cases with said name, All with my corporation name , and Toledo Police corporation and Lincoln county Sheriff office corporation and Lincoln Oregon Court corporation Video's and audio's Public owned recorded s of the court with June 5TH 6TH 7TH 2013 When I was denied my phone call,As I had heart attacks cruel inhuman treatment and kidnap by Toledo police corporation employees..July 20TH 2013. All my Records of my strawman account EDWARD MALONE JOHNSTON II being used with out consent.
I do not Authorize my SSI or any registration numbers being use in any manner by Any corporation with Elected and public employees municipality or any other bonds creation without express Written permission.As thee same with any of my family bloodline written permission ,Protected By the All Constitutional amendments, most of all by my creator God,We need God's help to guide our nation through stormy seas. ... (Ronald Reagan) Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.RONALD REAGAN: History In A Speech. ... When a government puts into place a law that does not agree with God's law we are to oppose it and speak out
You are receiving this Public NOTICE "NOTICE" under Oregon records law et seq., a.k.a. ORS 192 , including The Federal Records Act of 1950, as amended, establishes the framework for records management programs in Federal Agencies. You are required The oath of office taken by an individual under 5 USC § 2906 - Oath; custody | Title 5 - Government section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to . requesting the legal support for personal property Voluntary taxation as it was being implemented against me on the property or this living breathing and disabled man On land domicile owned described in Lincoln county case below. I believe the following requested documentation is crucial for people in This domiciled in Lincoln County to have, and hereby request the waiver of costs for production of same as pre paid on her majesty's secret service. However, should you disagree, you have my firm promise to pay reasonable costs for locating, copying, and mailing to me the following with all due alacrity, itemized,Including from the county budget itemized lines as well . Failure to respond is a violation of Records law as described below, and if no response is made by you, then these conclusions shall be deemed to be admitted by you, and it shall be construed as "bad faith" and fraud as ruled in McNALLY v. UNITED STATES, 483 U.S. 350, 372 (1987), supra, and;
"Silence can only be equated with fraud where there is a legal or moral duty to speak, or where an inquiry left unanswered would be intentionally misleading. . . Our revenue system is based on the good faith of the voluntary taxpayer and the voluntary taxpayers should be able to expect the same from the government in its enforcement and collection activities. If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately." U.S. v. Tweel, 550 F.2d 297, 299. See also U.S. v. Prudden, 424 F.2d 1021, 1032; Carmine v. Bowen, 64 A. 932.2.7-14
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any state or territory, subjects or causes to be subjected, any citizen of the United States or other person to the deprivation of any rights, privileges, or immunities secured by the constitution and laws, shall be liable to the party injured in an action at law, equity, or other proper proceeding for redress.(Civil Rights) 42 U.S.C. 1963.
Brief and Memorandum of Law
Affidavit of Truth - Specific Negative Averment
Actual and Constructive Notice
Notice of RICO Crimes/U.S. Constitution - Article 1 Section 10 - The U.S ...
www.usconstitution.net/xconst_A1Sec10.html Cached
Article 1 Section 10 of the United States Constitution ... No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal ...
Brief and Memorandum of Law
"If money is wanted by rulers who have in any manner oppressed the People, they may retain it until their grievances are redressed, and thus peaceably procure relief, without trusting to despised petitions or disturbing the public tranquility." Journals of the Continental Congress. 26 October, 1774©1789. Journals 1: 105©13."Government immunity violates the common law maxim that everyone shall have a remedy for an injury done to his person or property." (Civil Rights) (Firemens Ins Co of Newark, N.J. vs Washington County. 2 Wisc 2d 214; 85 N.W.2d 840 1957.)
All government officials and agencies, including all State legislatures, are bound by the Constitution and must NOT create any defacto laws which counter the Constitution:The U.S. Supreme Court, in 1895, ruled unconstitutional a federal law containing income taxes, Bills,statutes and codes with arguments concerning class warfare and the definition of a direct tax."Herein...Ohio's Doctrine of Governmental Immunity was held unconstitutional and others to numerous to mention." (Civil Rights) (Krause vs Ohio, app 2d 1 L.N.W. 2d 321 1971.) Reich vs State Highway Dept. 336, Mich 617: 194 N.W. 2d 700 197"Employees of a city or state are not immune from suit under statute relating civil rights for deprivations of rights on ground that officials were acting within the scope of their ground that officials were acting within the Scope of their responsibilities of performing a discretionary act." (Bunch vs Barnett 376 F.Sup. 23.)"Title 28 Section 1391, this section makes it possible to bring actions against government officials and agencies in district court outside D.C." (Civil Rights) (Norton vs Mcshane 14 L.Ed. 2d 274.)A suit in detinue or replevin in personam should lie to gain possession of property seized by the state. (Civil Rights) Stephen, Pleading (3rd Am ed) p. 47, 52, 69, 74; Ames Lectures on legal history, p. 64, 71; Wilkins v. Despard, 5 Term Rep- 112; Roberts v. Withered, % Mod. 193, 12 Mod. 92.
"This Constitution, and the laws of the United States which shall be made in pursuance thereof;... shall be the supreme law of the land; and the judges in every state shall be bound thereby... The Senators and Representatives and members of the State legislature, and all executive and judicial officers of the United States and the several States, shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding." The Constitution of the united States of America, Article VI, Cl 2, 3.5 U.S.C. 2906, 3331,The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to ..Sec. 3331-3333. Oath of office - Subchapter II - Oath of Office - U.S. Code - Title 5: Government Organization and Employees - January 01, 2011 - Order: 2 - 19265805 ...To protect the people from their elected and public employees,,Many of our people seem to believe that their state government
has jurisdiction to stop the common law Grand Juries. However,
the state government only has authority over statutory (ie. state)
law, not common law. The common law of England was used to
establish the U.S. Constitution, so it existed before it and, thus,
it is superior to it. The common law is time immemorial.
The state government did not create the common law, so it has
no authority to abolish it or control it, unless we allow ourselves
to be tricked to putting common law under statutory law, where
it's "their house, their rules." However, if we operate outside the
statutory rules by invoking common law, no state government
has the authority or jurisdiction to dictate, control or abolish
what we do. They only have authority to enforce our decisions.
If the U.S. Supreme Court acknowledged the authority of the
common law Grand Jury (U.S. v. Williams), why would the
state have authority to counter that opinion? The common law
is superior to all statutory law, and we must only invoke it in
the right way to have superior standing. We need to stop
putting the common law and the Grand Juries underneath
their inferior statutory laws. The people (singular AND plural)
have the ultimate authority!18 USC § 2381 - Treason | Title 18 - Crimes and Criminal ...
www.law.cornell.edu/uscode/text/18/2381 Cached
... is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; ...
"The United States is entirely a creature of the Constitution. Its power and authority have no other source. It can only act in accordance with all the limitations imposed by the Constitution." Reid v Covert 354 US l, 1957.
Any laws created by government which are repugnant to the Constitution carry NO force of law and are VOID:An unconstitutional law states and codes cannot operate to supersede any existing law. Indeed insofar as a statute runs counter to the fundamental law of the land, (the Constitution JTM) it is superseded thereby. No one is bound to obey an unconstitutional law and no courts are bound to enforce it." Bonnett v. Vallier, 116 N.W. 885, 136 Wis. 193 (1908); NORTON v. SHELBY COUNTY, 118 U.S. 425 (1886). See also Bonnett v Vallier, 136 Wis 193, 200; 116 NW 885, 887 (1908); State ex rel Ballard v Goodland, 159 Wis 393, 395; 150 NW 488, 489 (1915); State ex rel Kleist v Donald, 164 Wis 545, 552-553; 160 NW 1067, 1070 (1917); State ex rel Martin v Zimmerman, 233 Wis 16, 21; 288 NW 454, 457 (1939); State ex rel Commissioners of Public Lands v Anderson, 56 Wis 2d 666, 672; 203 NW2d 84, 87 (1973); and Butzlaffer v Van Der Geest & Sons, Inc, Wis, 115 Wis 2d 539; 340 NW2d 742, 744-745 (1983).
"The general rule is that an unconstitutional statute and codes, though having the form and name of law, is in reality no law, but is wholly void and ineffective for any purpose, since its unconstitutionality dates from the time of its enactment... In legal contemplation, it is as inoperative as if it had never been passed... Since an unconstitutional law is void, the general principles follow that it imposes no duties, confers no right, creates no office, bestows no power or authority on anyone, affords no protection and justifies no acts performed under it... A void act cannot be legally consistent with a valid one. 20.181-192United States Code: Title 28a,Rule 5.1. Constitutional ... www.law.cornell.edu/uscode/html/uscode28a/usc_sec_28a... Cached42 USC 1986 provides: 42 USC 1986 provides: Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in the preceding section (1985 of Title 42) are about to be committed, and having power to prevent or aid in preventing the commission of same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful act, neglect, or refusal, may be joined as defendants in the action. (Civil Rights)Mandatory Reporting laws Applier's Elected and public employees and commercial contractors
Defendants can be held in actions under 42 USC 1983, even,This includes Elected and public employees,Effective January 1, 2013, employees of Oregon higher education institutions are considered by law to be subject mandatory reporters of child abuse.http://www.oregon.gov/dhs/abuse/pages/mr_employees.aspx
though they did not act willfully. Even though they did not have a specific intent to deprive the plaintiff of a federal right, such defendants can be held to civil responsibility. Monroe v. Pape, 365 U.s. 167, 1961.24.215-219, the assaults on this man or reported again
An conspiracy is actionable under 42 USC 1985, when there has been an "actual of denial of due process."(Civil Rights) Jennings v. Nester (1954, Ca. 7 Ill.) 217, F.2d 153, CERT DEN 349 U.S. 958, 99 L.Ed. 1281, 75 S.ct. 888."Thus, the particular phraseology of the constitution of the United States confirms and strengthens the principle, supposed to be essential to all written constitutions, that a law repugnant to the Constitution is void;" and the courts, as well as other departments, are bound by that instrument." Marbury v Madison, 5 US 1803 (2 Cranch) 137, 170?180, and NORTON v. SHELBY COUNTY, 118 U.S. 425.
"When an act of the legislature is repugnant or contrary to the constitution, it is, ipso facto, void." 2 Pet. R. 522; 12 Wheat. 270; 3 Dall. 286; 4 Dall. 18.
"[p]owers not granted (to any government) are prohibited." United States v. Butler, 297 U.S 1, 68 (1936).43.359-365
Purpose: Generally, this section further protects civil action for deprivation of rights protects constitutional rights from invasion by persons acting under state or federal authority. (Civil Rights) Weise v. Reisner, DC Wis. 1970, 318 F.Sup. 580, quoted from U.S.C.A. 1972 pocketpart, P. 40 Title 42, Sec. 1983, Note Paragraph 8,,,,,.
"Liability in damages for unconstitutional or otherwise illegal conduct has the very desirable effect of deterring such conduct. Indeed, this was precisely the proposition upon which 42 USC section 1983 was enacted." '" "Judges may be punished criminally for willful deprivations of constitutional right on the strength of 18 USC Section 241- 242." (Civil Rights) (Imbler vs Pachtman, U.S. 47 L.Ed. 2nd 128, 96 S.Ct.)
44.367-374
This section was passed to enforce U.S.C.A. Constitution Amendment 14 and to protect form interference the rights secured thereby, as well as other constitutional rights; it is directed against conspiracies of private persons; and there is no requirement that conspiracy be under color of law. (Civil Rights) U.S.C.A. 1972 Pocket P. 1675, Title 42, Sec. 1995, Note
28.242-248
The Seventh Circuit of Appeals has held that a public official does not have immunity simply because he operates in a discretionary situation. It indicated that public servants are to be held liable when they abused their discretion or acted in a way that is arbitrary, fanciful, or clearly unreasonable. (Civil Rights) Littleton v. Berbling (1972, Ca. 7 Ill.), 468 F.2d 389.36.304-308 Governmental immunity is not defense in suits brought under this section making liable every person who under color or state law deprives another person of his civil rights. Westberry v. Fisher, DC Me., 1970, 309 F.Sup. 95.18 USC § 2381 - Treason | Title 18 241-242- Crimes and Criminal ...www.law.cornell.edu/uscode/text/18/2381 Cached
... is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; ..
"Insofar as a statute runs counter to the fundamental law of the land, (constitution) it is superseded thereby." (16 Am Jur 2d 177, Late Am Jur 2d. 256)
"...all laws which are repugnant to the Constitution are null and void' (Marbury v Madison, 5 US 1803 (2 Cranch) 137, 174, 170).
"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." - Miranda v. Arizona, 384 U.S. 436, 491.
"The claim and exercise of a constitutional right cannot be converted into a crime." Miller v. U.S., 230 F 2d 486, 489.
"There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights."- Sherar v. Cullen, 481 F. 945.
To disregard Constitutional law, and to violate the same, creates a sure liability upon the one involved:
"State officers may be held personally liable for damages based upon actions taken in their official capacities." Hafer v. Melo, 502 U.S. 21 (1991).
I have a right to question and challenge any Publicly owned taxing activities by Any Public court, their Elected and public employee government,,non-for profits and any affiliates agency as to their validity and legal standing:
"Anyone entering into an arrangement with the government takes the risk of having accurately ascertained that he who purports to act for the government stays within the bounds of his authority, even though the agent himself may be unaware of limitations upon his authority." The United States Supreme Court, Federal Crop Ins. Corp, v. Merrill, 332 US 380-388 L1947)
"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no duty to the state or to his neighbors to divulge his business, or to open his doors to an investigation, so far as it may tend to criminate him. He owes no such duty to the state, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land long antecedent to the organization of the state, and can only be taken from him by due process of law, and in accordance with the Constitution. United States Supreme Court reminds us in Hale v. Henkel, 201 U.S. 43 (1906):
"The legal right of an individual to decrease or ALTOGETHER AVOID his/her taxes by means which the law permits cannot be doubted" --Gregory v. Helvering, 293 U.S. 465
"The fact is, property is a tree; income is the fruit; labour is a tree; income the fruit; capital, the tree; income the 'fruit.' The fruit, if not consumed (severed) as fast as it ripens, will germinate from the seed... and will produce other trees and grow into more property; but so long as it is fruit merely, and plucked (severed) to eat... it is no tree, and will produce itself no fruit." Waring v. City of Savennah. 60 Ga. 93, 100 (1878.}
[ In My opinion This would included Would include Lawful public employees not elected Employees of the corporation for budgetary gain.Lawful public employees who our oathkeepers to the consitutionallaw to protect us all from commercial or foreign and domestic agents publicly , The voluntary paid tax for united states for America American Citizens ,Including sovereign of the civil rights act of 1866, As Democracy Contracts of the defacto of 1871 On foreign country grounds.. Including the 1933 baking act and house restitution act June 5 1933,Uniform commercial Maritime code, ]
The point being made is that the tree (private property, land, wages, salaries, compensation) is NOT taxable, while the "fruit" (or "income" FROM said property or wages) of the tree CAN possibly be taxed, (but only according to constitutional provisions). Tax upon income derived from, say, rental property, CAN be taxed possibly could be considered interest of the investment if one is a registration voter ,
[I recommend all Rescind their voter registration contact As I have done Filed and on the public and private side] v but ONLY according to the Constitution, because the tax does NOT diminish "tree," the principal, or lessen the value of the person or property. Property taxation diminishes the "tree" itself, (the wealth of the person) thereby creating a possible situation where the tree could disappear because of the tax.YouTube - Theft By Deception Deciphering The Federal Income ...
www.youtube.com/watch?v=xWqf96GqMiI Cached
Thanks Eyes For The Profane The misrepresentation and misapplication of the United States federal income tax constitutes the largest acquisition of wealth by ...
.Play Video
Property voluntary Taxation in Lincoln count or the the state of oregon County:
Property taxation must fall within constitutional guidelines set forth for all People of our nation. To be applied other than under Constitutional parameters is to make such a law or application null and void and is a violation of our constitutional rights.
Direct taxes must be "apportioned among the several states which may be included within this Union". [See Article I, Section 2, Clause 3 and Article 1, Section 9, Clause 4.] These include taxes directly upon people or personal property.
"...all duties, imposts and excises [indirect taxes], shall be uniform throughout the United States". [See Article I, Section 8, Clause 1.]
"Apportionment" means according to the census... the actual number of people in the county or state. "Uniform throughout the United States" means the tax is the same everywhere, such as alcohol, tobacco and other excise taxes, where all Americans pay the same commercial tax regardless of the state they are in.
"Thus, in the matter of taxation, the Constitution recognizes the two great classes of direct and indirect taxes, and lays down two rules by which their imposition must be governed, namely: the rule of apportionment as to direct taxes and the rule of uniformity as to duties, imposts and excises." ...determining that, the classification of Direct adopted for the purpose of rendering it impossible for the government to burden, by taxation, accumulation of property, real or personal, except subject to the regulation of apportionment..." Pollock v. Farmers' Loan & Trust Co. 158, U.S. 601, at 637 (1895).
"The name of the tax is unimportant that it is the substance and not the form which controls;' that the limitations of the constitution cannot be 'frittered away' by calling a tax indirect when it is in fact direct." Pollock v. Farmers' Loan and Trust Co., 157 U.S. 429, 580?1, 583 (1895.
"That decision affirms the great principle that what cannot be done directly (direct taxation) because of constitutional restriction cannot be accomplished indirectly by legislation which accomplishes the same result." Fairbanks v. U.S. 181 U.S. 283, 294 (1901).Income Tax Declared Unconstitutional | Suite101 suite101.com/...tax-declared-unconstitutional-a208974 Cached The U.S. Supreme Court, in 1895, ruled unconstitutional a federal law containing income taxes, with arguments concerning class warfare and the definition of a direct tax.USC : Title 26 - INTERNAL REVENUE CODE | U.S. Code | LII ... www.law.cornell.edu/uscode/text/26 Cached USC : Title 26 - INTERNAL REVENUE CODE. There are 312 Updates Pending. Select the tab below to view. US Code; Notes; Updates; Current through Pub. L. 113-31.
"If it be true by varying the form the substance may be changed, it is not easy to see that anything would remain of the limitations of the constitution, or of the rule of Voluntary taxation and representation, so carefully recognized and guarded in favor of the citizen civil rights act 1866 of each state , For example oregon state,OregonTreaty of 1846. But constitutional provisions cannot be thus evaded. It is the substance, and not the form, which controls, as has been established by repeated decisions of this court." Id. At 296.Lawful,,Due proses is Constitutional the private American side 1866 civil rights act to protect lawful americans from there Elected and public Employees,,Judicial proses Fraud and treasonous Fraud upon the Court, Constitutional law...this mans My right to travel shall be honored.Charlie Sprinkle's section 1983 case from year 1975 www.lawyerdude.8k.com/5718.html Cached Charles Sprinkle’s Section 1983 Case from 1975. Charles Sprinkle ...
I' the Man Given name Edward-Malone: Johnston II denied Medical because of the Denial of the rights to travel I'm the injured party from on the commercial employment injuries The man life liberty and happiness By the united state of American Constitutional laws , Title 5 title 6 title 14 title 16 title 18 241-242 to protect me from Foreign and domestic.
The Constitution of the United States of America and Case law shows that capitation taxes and taxes on my personal private property are in the category of direct voluntary taxes as being applied and forced to this Living man Edward -Malone:Johnston on his domicile today by Lincoln County corporation other corporation and its agents,I do not comply,Or grant any authority over in any manner
"Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property...and is regarded as UNALIENABLE." 16 C.J.S., Constitutional Law, Sect.202, p.987. but which must be apportioned among the States as required by the United States Constitution if it is a direct tax. (See Supreme Court Case law - Penn Mutual Indemnity Co. v. C.I.R., 277 F.2d 16, 19-20 (3rd Cir. 1960); Steward Machine Co. v. Davis, 301 U.S. 548, 581-582 (1937)).
Lawful,,Due proses is Constitutional the private American side 1866 civil rights act to protect lawful americans Two or more generations Born on United states of American soil from there Elected and public Employees,,Judicial proses Fraud and treasonous Fraud appone the Court, Constitutional lawf..That an officer or employee of a state or one of its subdivisions is deemed to be acting under "color of law" as to those deprivations of right committed in the fulfillment of the tasks and obligations assigned to him. Monroe v. Pape, 1961, 365 U.S. 167. (Civil Rights)By the great weight of authority it is acknowledged that generally "public officials" are not immune from suit when they allegedly violate the civil rights of citizens, and that a "public official's" defense of immunity is to be sparingly applied in these kinds of cases. James v. Ogilvie, 1970, DC Ill., 310 F. Sup. 661, 663.18.158-168
42 USC 1985. (2) ...If two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any state or territory, with the intent to deny any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to equal person except judges." See u.S. 29 L.Ed. 619, 91 S.ct., Bivens v. Six unknown named agents of the Federal Bureau of Narcotics. (Civil law)
The Constitution of the United States of America and Case law shows that since capitation taxes and taxes on my personal private property must be apportioned among the States in accordance with the United States Constitution, and my personal private property tax is NOT being legally apportioned among the States (or oregon state) by Lincoln County, they must, therefore, be in the category of indirect taxes, which are taxes imposed on the happening of an event or activity.
"Direct taxes bear immediately upon persons, upon possessions and enjoyments of rights. Indirect taxes are levied upon the happening of an event..." Knowlton v. Moore. 178 U.S. 41. See also, Tyler v. United States, 281 U.S. 497, at 502 (1930)
"A tax laid upon the happening of an event as distinguished from its tangible fruits, is an indirect tax..." Tyler v. U.S. 497 at pg 502 (1930)
"A tax levied upon property because of its ownership is a direct tax, whereas one levied upon property because of its use is an excise, duty or impost." Manufactures' Trust Co. vs. U.S., 32 F. Supp. 289.
"A state may not impose a charge for the enjoyment of a right granted by the Federal Constitution." Murdock vs. Com. of Penn., 319 US 105, at 113; 63 S Ct at 875; 87 L Ed at 1298 (1943)
All Citizens have the right to a home and personal property, and this property cannot be taxed unless in accordance with the two forms of Constitutional taxation mentioned above."Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property...and is regarded as UNALIENABLE." 16 C.J.S., Constitutional Law, Sect.202, p.987.
"Keeping in mind the well settled rule, that the citizen is exempt from taxation, unless the same is imposed by clear and unequivocal language, and that where the construction of a tax is doubtful, the doubt is to be resolved in favor of those upon whom the tax is sought to be laid." Spreckles Sugar Refining Co. vs. McLain: 192 US 397."An unconstitutional act is not law; it confers no right; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed." Norton vs Shelby County118 US 425 p.442
"The general rule is that an unconstitutional statute, though having the form and the name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. No one is bound to obey an unconstitutional law and no courts are bound to enforce it."16th American Jurisprudence 2d, Section 177, late 2nd, Section 256Title 42, Section 1983 has been held to provide a civil action to protect persons against misuse of power possessed by virtue of state law. "Was clothed with the authority of the state." Davis v. Johnson, 1955 DC Ill. 138 F.Sup., 572; Jobson v. Henne, 1966 Ca. 2 NY 355 F. 2d 139.Judges are not immune from criminal sanctions under the Civil Rights Act. ex parte Virginia (1879), 100 U.S. 339.The court of appeals for the Sixth Circuit has reaffirmed its view that a judge loses all immunity when he acts in absence of all jurisdiction, and has held a referee of a juvenile court responsible in a section 1983 action for abuse of a child. (Civil Rights)Lucarell v. McNair, 1972, Ca. 6, Ohio"453 F.2d 389. The assault's,Slander , harassment, counting threats , and attempts on Edward - Malone : Johnston II the living man's Life,NOT EDWARD MALONE JOHNSTON II Birth Certificate BOND 1933 banking act, house resolution 192 june 5 1933 ,As I the living man has publicly claimed this bound and private Records protected by the fourth amendments, As February 5 2012 my house was entered and files missing last one in my home was member of the city of Toledo police a public employe was the last on in my home Filed in Lincoln county DA's office Cases, Including December 2011 being kidnap by Newport police on file from DMV office in city of Newport,Lawful,,Due proses is Constitutional the private American side 1866 civil rights act to protect lawful americans from there Elected and public Employees,,Judicial proses Fraud and treasonous Fraud appone the Court, Constitutional lawfulness court proceeding of a jury of 12, jury nullification,,,, Judicial proses Democracy Courts is the defato of 1871,
In your County records or documentation, I do not find any tax imposed on any activities I am involved in as rights under the Constitution, nor Have I find a section in the Oregon Revised Statutes or county law to-date that makes me subject to or liable for any direct or indirect, unconstitutionally applied private domicile property tax.That an officer or employee of a state or one of its subdivisions is deemed to be acting under "color of law" as to those deprivations of right committed in the fulfillment of the tasks and obligations assigned to him. Monroe v. Pape, 1961, 365 U.S. 167. (Civil Rights)Outgoing IRS Chief: Taxes Voluntary
Outgoing IRS Chief: Taxes Voluntary. ... Our system of government Is a voluntary tax system. ... What does this say about the US and, ...
www.breitbart.com/.../05/17/IRS-Chief-Taxes-Are-Voluntary - Cached
Slap My Head Alert! Outgoing IRS Chief: Taxes Voluntary ...
There is NO LAW that says you must pay taxes or else. ... No one can call themselves reasonably intelligent and state the IRS and taxes are a voluntary system here in,A Sovereign is a private, non-resident, non-domestic, non-person, non-individual, NOT SUBJECT to any real or imaginary statutory regulations or quasi laws enacted by any STATE legislature which was created by the People.
"The rights of the individuals are restricted only to the extent that they have been voluntarily surrendered by the "citizenship" to the agencies of government."
City of Dallas v Mitchell, 245 S.W. 9
Queen Elizabeth controls and has amended U.S. Social Security
Queen Elizabeth controls and has amended U.S. Social Security. ... S.I. 1997 NO.1778 The Social Security ... stating in court that he takes his orders from England?
www.apfn.org/apfn/queen.htm - Cached
Connecting The Dots of Social Security To Queen of England To ...
Social Security Administration and how the Queen of England owns Social Security ... March 9, 1933; pg 76, 83 ... recently confirmed by Hillary Clinton ......
Affidavit of Truth - Specific Negative Averment
Notice of Affidavit of Withdrawal of Consent, and Withdrawal of Consent".
I the Living Edward - Malone :Johnston II A Disabled living man Denied Medical by the State of Oregon Elected and public employees , Including Lincoln County Elected and public employes , Most of all Including the City of Toledo Mayor and city council ,Toledo City Corporation Police Dept employees , Included their Elected and public employees and union members affiliates, All Police Department's non for profit agency . Referring to the 2006 Inspectors Generals Report That's States that the local Elected and public employees have a vendetta out for me, File with Rob Bovett Also in Lincoln County Case Files involving the assault By Elected and Public on this man
1. I am not in receipt of any documentation showing what type of voluntary taxes I was being assessed for, direct, indirect or named other type of tax.
2. I am not in receipt of any documentation showing Lincoln County's legal,/lawful,An or constitutional authority, including statutory law (positive law) to tax, directly or indirectly, my personal, private property, since it was being applied as neither direct nor indirect according to law.The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to ...
3. I am not in receipt of any documentation showing I Am lawfully or bound by any contract liable for private property taxes applied contrary to the Constitution of the United States for America,The U.S. Supreme Court, in 1895, ruled unconstitutional a federal law containing income taxes, with arguments concerning class warfare and the definition of a direct tax,42 USC 1985. (2) ...If two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any state or territory, with the intent to deny any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to equal person except judges." See u.S. 29 L.Ed. 619, 91 S.ct., Bivens v. Six unknown named agents of the Federal Bureau of Narcotics. (Civil law)
4. I am not in receipt of any documentation showing the name of the responsible party who authorizes said personal property taxes, and their jurisdiction on this issue, nor signature and printing of that name included in the document.
5. I am not in receipt of any documentation showing why I was liable for the above listed A-E, itemized taxes being assessed against me, nor documentation showing the benefits I personally received for each of these taxes... i.e. how was I being represented by these taxes.Defendants can be held in actions under 42 USC 1983, even though they did not act willfully. Even though they did not have a specific intent to deprive the plaintiff of a federal right, such defendants can be held to civil responsibility. Monroe v. Pape, 365 U.s. 167, 1961.
6. I am not in receipt of any documentation showing the method of assessment, the rules for assessment, the financial criteria used for this assessment or copy of any independent, certified appraisal of said property.
7. I am not in receipt of any documentation showing the name and company name of independent appraiser, or the legal, certified status of said appraisal.
An conspiracy is actionable under 42 USC 1985, when there has been an "actual of denial of due process."(Civil Rights) Jennings v. Nester (1954, Ca. 7 Ill.) 217, F.2d 153, CERT DEN 349 U.S. 958, 99 L.Ed. 1281, 75 S.ct. 888.
8.I am making a Public Demand for documents under the Oregon and Federal PUBLIC (OPEN) RECORD ACT (ORs) regarding the following:
1. Documentation regarding which type of tax my private domicile property County Volunteer taxes fell under; "direct" or "indirect," or other taxing category, naming the specific category.
2. Please provide certified documents showing Lincoln County's legal and constitutional authority, including statutory law (positive law) to tax, directly or indirectly, my personal, private property, including on land and home, since it was being applied as neither direct nor indirect.
3. Please provide documentation of who the responsible party is who authorized said taxes, and their jurisdiction on this issue, to include signature and printing of that name on this document. There must be statutory law (positive law) that exists which allows this taxation, but it cannot be in conflict with the Constitution; Including in this the Living breathing man given name on a birth certificate Registration number {Personal record protected by the 1Th 2th,3Th 4th Amendments Edward-Malone :Johnston II is the injured party Who has been intimidated, Treated ,Assault,Kidnap held against hes will including a gun point,incarcerated , Slandered.Denied medical
4. Please provide documentation on how I was being represented by the following taxes being assessed against my personal property:
(List all taxes on your assessment each itemized )
5. Please provide documentation showing the method of assessment, the rules for assessment, the financial criteria used for this assessment, and copy of independent, certified appraisal of said property.
6. Please provide a complete record of all taxes paid by me on the property listed below, since I claimed this domicile , to include itemization of taxes for land, taxes for buildings on said land, or any other taxed item.
7. Please provide documentation of who actually signs/verifies/authenticates the assessments on real and personal property, and on any delinquency notices for unpaid taxes. An unsigned assessment is insufficient legal notice and a nullity, unless you can document and verify otherwise.
8. 8.94.01.02: Racism, Discrimination, and the Law - Yale University
www.yale.edu/ynhti/curriculum/units/1994/1/94.01.02.x.html Cached
It will explore the effects of racism in education, ... The Constitution of The United States and federal laws supersede any law made at the state level.
9.www.eeoc.gov/laws/types/race_color.cfm Cached
Race/Color Discrimination. Race discrimination involves treating someone (an applicant or employee) unfavorably because he/she is of a certain race or because of ..
My right to not be taxed illegally or unconstitutionally stands firm in law, but this right appears to me to have been violated through forced private property taxation by Lincoln County, and the exercise of my right to not be illegally taxed can not be "converted into a crime" for not paying these taxes.
Actual and Constructive Notice
This is actual and Constructive Notice that I believe this to be criminal activity against me personally and I am requesting legal rebuttal, point by point, of these positions, or it will be presumed to be a correct assessment of my personal situation.
If not contested, a refund of all monies paid during ownership, with compensatory damages (or agreeable settlement), will be expected no later than 30 days from date of this document, or 5% interest rate per month will accrue on total as outlined above. The application of force or coercion in any way which counters the supreme law of the land, and which extracts financial consideration from me, under the color of law, is criminal conversion and fraud under UCC laws, Common Law, and is a violation of the Racketeering (RICO) laws.
Finally, the auction or sale of private or business property for presumed past due property taxes without a court order and hearing is a direct violation of Due Process, and a civil right violation upon whom it occurs. Those involved with such an illegal sale without a legal judgement via a court hearing, with all facts being adjudicated, are parties to this criminal activity and can be held personally liable for RICO and civil rights violations. This includes parties who may purchase said property, as accomplices in said action, as ignorance of the law is no excuse.
The Supreme Court ruled that Municipalities cannot exert any acts of ownership and control over property that is not OWNED by them, see Palazzolo v. Rhode Island 533 US 606, 150 L.Ed. 2d 592, 121 S.Ct. ___(2001) (no expiration date on the taking clause for City's illegal enforcement of its Codes on the man's private property and restricting the man's business), affirming both Lucas v South Carolina Coastal Council, 505 US 1003, 120 L.Ed. 2d 798 (1992).(butterfly activists and Code Enforcement cannot restrict development of the man's private swampland unless they lawfully acquire the land FIRST, surveying with binoculars constitutes a "takings"), and Monterey v. Del Monte Dunes, 526 US 687 (1999), 143 L.Ed. 2d 882 S.Ct.____ (1998).
In the Monterey case, the California private property owner was awarded $8 million for Code Enforcement's illegal trespass and restriction of his business, and another $1.45 million for the aggravation of a forced sale.No Game Read all an pass on,,Police Departments are registered as NON-PROFIT CORPORATIONS,piracy
<http://occupycorporatism.com/illegal-police-department-activity-threaten-to-bankrupt-counties-nationwide/>
ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED. California Law prohibits Cities and Counties from enforcing City or County Codes and Ordinances upon property that is not ...
www.usavsus.info/ Enforcement Not Allowed. htm - Cached
ConspiracyWatch> ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED
ConspiracyWatch> ENFORCEMENT OF CITY/COUNTY CODES PROHIBITED Jack Bauer bowersecret at gmail.com Thu Jul 1 10:22:56 CDT 2010. Previous message: ConspiracyWatch> Kagan ...
constitutionalgov.us/pipermail/ conspiracywatch... - Cached
“It is not the duty of the police to protect you. Their job is to protect the Corporation, Elected and public employes and arrest code breakers.” (Sapp v. Tallahasee, 348 So. 2nd. 363, Reiff v. City of Philadelphia 477 F.Supp. 1262, Lynch v. N.C. Dept of Justice 376 S. E. 2nd. 247.)
Federal Law also prohibits Cities and Counties from issuing citations against businesses, see Title 18 U.S.C.891-896, quoting Section 891 "An extortionate means is any means which involves the use, or an express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property."
THE MISSING 13TH AMENDMENT By: Judge Dale | Removing The Shackles
removingtheshackles.net/...13th-amendment-by-judge-dale Cached
On or about March 20, 2013, the New Hampshire Legislature passed HB 638, recognizing Article XIII, known by few as: “The Missing 13 TH Amendment,” missing from ...
Notice of Possible RICO Crimes
Assessor's office actions in demanding and unconstitutionally enforcing property tax code against me is in violation of my civil rights and is in violation of the Racketeering (RICO) laws, fulfilling the four requirements for a RICO crime to exist as follows:
All Lincoln County Jail Photos and finger prints illegally taking from man Edward-Malone :Johnston II Paid for By Lincoln county Volunteer taxes Shall Be Deleted and Conformed in Witting With them to C/O or P/o pox 1540 n Nye Street Toledo oregon 97391-9988.
Historical Summary
The Oregon Treaty of 1846 was an agreement with Great Britain that gave the U.S. undisputed claim to the Pacific Northwest south of the 49th parallel. The states carved out of this treaty are the present states of Oregon, Washington, Idaho and the southwest corner of Wyoming. This treaty with Great Britain was signed on June 12, 1846 [9 Stat. 869], and all federal land patents of these states flow from the treaty and fall under the supremacy clause of the constitution, therefore, no state, private banking corporation or other federal agency can question the superiority of title to landowners who have "perfected" their land by federal land patent. Jurisdiction by any state court is invalid, and since federal land patents cannot be collaterally attacked as to their validity or authenticity as highest evidence of title, no mortgage institution can claim title to land by its “lien." Certified federal land patents were given free and clear title with no encumbrances, then or now!
The lead case that said treaty law cannot be interfered with by a state legislature in Ware v. Hylton, [(1976) 3 Dall. (3 U.S. 199)]. In this the Supreme Court held that a treaty is the supreme law of the land (Article VI, Section 2: "and the judges in every state shall be bound thereby, anything in the constitution or the laws of any State to the contrary notwithstanding”!)...that any act of the legislature cannot stand in its way because a treaty is the declared will of the people ,of all the United States and shall be superior to the constitution and laws of any individual state." [Emphasis by the court.] In other words federal land patents put into evidence by a land owner cannot be challenged by a state court because it flows from a United States treaty, and therefore, no court has jurisdiction over title or ownership to land that traces its source to the paramount or common source of title from the United States government, banks and private corporations notwithstanding, because federal land patents were never given to corporations, only to private citizens hence the term "private land claim" or “PLC" (as we call it) used by the Bureau of Land Management as the date of the original patent."Expatriating a U.S. citizen SUBJECT to the Citizenship Clause of the Fourteenth Amendment on the ground that, after reaching the age of 18, the person has obtained foreign citizenship or declared allegiance to a foreign state generally will not be possible absent substantial evidence, apart from the act itself, that the individual specifically intended to relinquish U.S. citizenship. An express statement of renunciation of U.S. citizenship would suffice."
The lead case for the Louisiana Purchase States is American Insurance Company v. Canter [(1828) 1 Pet (26 U.S.) 511] in which Justice Marshall held the power to make treaties is an absolute power of the United States government and from that power arises the right to govern it, i.e., treaty law is superior to any state laws* and is the supreme law of the land (“zoning law” included*). THE OREGON TREATY, 1846
TREATY WITH GREAT BRITAIN A FOREIGN AND DOMESTIC GOVERNMENT,
without Prejudice All Rights Reserved UCC1-308
Sovereign Confidentiality Notice:
I am not an attorney, medical professional or financial adviser and all the exchanges contained in this email are for personal use only. This private email message, including any attachment[s] is limited to the sole use of the intended recipient[s] and may contain Privileged and/or Confidential Information. Any and All Political, Private or Public Entities, Federal, State, or Local Corporate Government[s] , et. al.,and/or Third Party[ies] working in collusion by collecting and/or monitoring My email[s] and collecting these communications Without my Exclusive Permission are Barred from Any and All Unauthorized Review,Use, Disclosure or Distribution. With Explicit Reservation of All My Rights, Without Prejudice and Without Recourse to Me, Any omission does not constitute a waiver of any and/or ALL Intellectual Property Rights & Reserved Rights. It is my hope that the things within this email are a blessing unto every reader without exception, for I desire peaceful co-existence with ALL!
www.oregontrackers.com
a). Association In Fact; two people acting together (knowingly or unknowingly) which affects Interstate Commerce...
The actions in activities and enforcement clearly constitute financial fraud, which is supported by multiple layers of "associations" with the primary intent of taking assets from citizens and profiting the government. This need only be $1.00 in loss to fulfill this requirement.
b). Two or more similar acts of fraud, mail fraud or extortion having occurred...
The actions have been ongoing, as proven by the ongoing efforts by the Assessor's office yearly adding with other Elected and elected and public agency's. In addition, mail fraud, a Federal Crime, is also involved with this scheme by the use of the postal system to extract finances unlawfully.
c). Money or property deprivation...From thee disabled and Elderly,
This is self evident in Assessor's office correspondence, demands, printed material, court proceedings, etc.
d). Pattern is likely to continue.
Pattern has been continuing for many decades and is growing worse. The only way it will stop is for the Rule of Law to be enforced and for constitutional rights to be enforced... In other words, oaths of office must be obeyed and not violated, creating even more criminal events in the way of treason against the American People.
See also 18 USC Sec. 241 01/19/04 TITLE 18- CRIMES AND CRIMINAL PROCEDURE - PART I - CRIMES CHAPTER 13 - CIVIL RIGHTS Sec. 2414 Conspiracy against rights. If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same. . . They shall be fined under this title or imprisoned not more than ten years, or both;
Failure to respond within 30 days to this Oregon and federal Open Records Act request, or supplying incomplete, misleading, or errant responses, is punishable under et seq., by a $100.00 fine, 90 days in jail, or both, for EACH infraction. This is Evidence in Fact for any court proceedings.
If no rebuttal, point by point, is forthcoming within 30 days from the date of receipt, you will be in default and all testimony and evidence will be held as true and correct.
Payment of assessed taxes will be under duress and protest , and legal action will be taken against you personally, and against your superiors personally for civil rights violations, and RICO violations.Title 5,Title 6, title 17 title 18 title 28, All rights Reverend
Risk Management Assessment Management Contacts
Thank you for your speedy response in helping me to understand my lawful and constitutional rights to protect our family from the elected and public employees foreign and domestic on this issue.
All Specific Rights are explicitly reserved, without prejudice, U.C.C. 1-207/308.
Remedy for my time Value at
each hour of contract billing time invoice shall be billed at 7oz 99.9 pure gold,including 7 oz of 99.9 pure silver per hour, Shall, be handed over at the time of appearance or time of contact without my Written permission , minimum 2hours billing time Will be Charged.
Risk Management Assessment Management Contacts and Contracts with my approval only.
___________________________________________________________________
( Family name and C/O 1540 N Nye Street , and Autograph)
no leans or levy shall ever be placed on said
Property recorded Legal description:Map11 10 8 b c Voluntary Tax Lot 2400,Voluntary Tax lot 2502 TWNSHP 11 RNG 10,Acres 0.11, DOC 200702611,
Lincoln county County Clerk Recorded book 229 pages 0703- 1563, Electric pole on property number Go08-266,565A6, BOOK 221 page 2277,BOOK PAGE 2271,2272, BOOK 273 Page 0573,BOOK 273 PAGE 0574 BOOK 229 page 0703-1563,Book 225 page 1791or7,Page 1798,book 229 page 0704,1564,book 273 page 0574 book 273 page 0573,B329-PO117,B329-PO116B329-PO120, I have never Authorized any of loomis survays or hes trespass on my said land or any other survays since I Claimed said land in 1996,,
CC:your state Attorney General J - certified mail# 7012-2210 0002-3843-5561
district Congressman Kurt Schroder,,certified mail,7012-2210-0002-3843-5585
, John Kitzhaber, Oregon senator house member majority,Ted Ferrioli - certified mail# 7012-2210-0002-3843-5578
Wayne Belmont,Bill Hall, Terry Thompson and Doug Hunt.Dennis Dotson,Rob Bovett - certified mail# 7012-2210-0002-3843-5431
CC. to others, All Rights Reserved of barrier to add or delight
I declare under penalty of perjury that the identified sovereign individual, (Edward- Malone:Johnston II), appeared before me with picture identification, and acknowledged this document before me on;
Autograph
___________________________________
Date______________
Stamp
_____________________________________ (NOTARY PUBLIC'S JURAT)
Date: __________________ /s/
Certificate of Mailing
I, (Edward - Malone:Johnston II), I do certify that I mailed this original certified document #7012-2210-0002-3843-5400 consisting of Brief and Memorandum of Law, Affidavit of Specific Negative Averment, Actual and Constructive Notice - Brief and Memorandum of RICO (Racketeering) Crimes, to the Linda pilson County Assessor's office, certified mail #7012-2210-0002-3843-5400 ,CC:your state Attorney General J - certified mail# 7012-2210 0002-3843-5561
district Congressman Kurt Schroder,,certified mail,7012-2210-0002-3843-5585
Ed's Kidnapping 09/11/2013 by Toledo Police Department Corporation
www.youtube.com
YouTube - Further harassment from City of Toledo Chief of ...
www.youtube.com/watch?v=HTXTZOI8Oqg Cached
Ed's audio of Chief Enyeart warning him for his safety starting at just after 9 minutes into the audio. There is a threat of Ed's first and fifth amendment ...
.Play Video
YouTube - Harassment on our way to City of Toledo Oregon ...
www.youtube.com/watch?v=qj8MkMHMNsk Cached
Harassment on our way to City of Toledo Oregon Council Meeting Part ... 26:51 Further harassment from City of Toledo Chief of Police David Enyeart by Laura ...
.Play Video
June 5th 2013 Lincoln county Commissioners meeting,
Ed Johnston Running for Sheriff 06/05/2013 - YouTube
www.youtube.com/watch?v=6tVMlqBuMdc Cached
10:18 I Do Not Consent.I Claim Common Law Jurisdiction TheKimrob Featured 43,557; 1:36:39 David-Sidney Rideout Session 2 JoelAkira 3,021 views; 1:43:30 ...
.Play Video
THAT "Due to sloth, inattention or desire to seize tactical advantage, lawyers [judges, and Executive administrators] have long engaged in dilatory practices... the glacial pace of much litigation breeds frustration with the Federal Courts and ultimately, disrespect for the law." (Roadway Express v. Pipe, 447 U.S. 752 at 757 (1982)), the general misconception among the public being that any exercise of state police, regulatory, or judicial power bearing the appearance of law is in fact in agreement with the law of the land, and is therefore legitimate in its operation as implemented or imposed.
11. THAT The Supreme Court has warned, "Because of what appear to be Lawful commands [Statutory Obligations, Regulations and Restrictions] on the surface, many citizens, because of their respect for what appears to be law, are cunningly coerced into waiving their rights, due to ignorance...
, John Kitzhaber, Oregon senator house member majority,Ted Ferrioli - certified mail# 7012-2210-0002-3843-5578
Wayne Belmont,Bill Hall, Terry Thompson and Doug Hunt.Dennis Dotson,Rob Bovett - certified mail# 7012-2210-0002-3843-5431
CC. to others, All Rights Reserved of barrier to add or delight onlyand copies of original to the above named individuals, certified mail #'s listed above, all mailed on (date) ________________.
info
A must read
http://www.uscourts.gov/uscourts/rules/civil-procedure.pdf
http://www.uscourts.gov/uscourts/rules/civil-procedure.pdf
www.uscourts.gov
http://www.oregontrackers.com/Civil_Rights.html
The original and Judicial jurisdiction of the United States Supreme Court is ALL actions in which a State may be party, thru subdivision, political or trust. This includes ALL state approved subdivisions and/or INCORPORATED Cities, Townships, Municipalities, and Villages, Et Al . Please see Article 3, Section 2, Para. (1) and (2), U.S. Constitution.Sheriff for each county our the lawful Authority.http://www.scribd.com/doc/149937159/Sheriffs-Independence-Day-Letter-Certificate
Sheriffs Independence Day Letter Certificate
www.scribd.com,"Personal liberty, or the Right to enjoyment of life and liberty, is one of the fundamental or natural Rights, which has been protected by its inclusion as a guarantee in the various constitutions, which is not derived from, or dependent on, the U.S. Constitution, which may not be submitted to a vote and may not depend on the outcome of an election. It is one of the most sacred and valuable Rights, as sacred as the Right to private property...and is regarded as UNALIENABLE." 16 C.J.S., Constitutional Law, Sect.202, p.987.
Read And learn the truth
http://realitybloger.wordpress.com/2013/05/18/its-time-to-withdraw-your-membership-to-the-united-states/
Meet Your Strawman! - YouTube
www.youtube.com/watch?v=ME7K6P7hlko Cached
The story of how everyone has a strawman created for them at birth and how it is used to collect revenue for your government. A fun and informative ...
.Play Video
Meet Your Straw Man - Fine Line Media - Information for ...
www.nomoretyranny.org/strawman.htm Cached
Meet Your Straw Man This is must know information for the Free World. NOTE: Some of the information within this site is content from U.S. sources.
http://adask.wordpress.com/2009/06/14/actions-of-account/
Here it is, from the horses mouth! Why not rebut the presumption BEFORE something happens. I'm not saying there are no other ways, like Rob's process (loved the book btw), but there are many ways to skin a cat. Expatriate 14th Amendment citizenship officially and default their asses via notice.
"Expatriating a U.S. citizen SUBJECT to the Citizenship Clause of the Fourteenth Amendment on the ground that, after reaching the age of 18, the person has obtained foreign citizenship or declared allegiance to a foreign state generally will not be possible absent substantial evidence, apart from the act itself, that the individual specifically intended to relinquish U.S. citizenship. An express statement of renunciation of U.S. citizenship would suffice."
The Dick Act of 1902 - Gun Control My A$$ - YouTube
Rod Class revisits the The Dick Act of 1902 AKA the militia Act of 1903 which can never be repealed on this holiday season. An instant holiday classic for ...
www.youtube.com/watch?v=86bYVJbcdqA - Cached
More results from youtube.com »
State Rights | Treaties Do Not Supersede the Constitution
... let alone alien to our entire constitutional history and tradition ... No law or treaty supersedes the Supreme Law of the Land. 'Supreme' ...
www.sweetliberty.org/issues/staterights/treaties.htm - Cached
Constitutional Limitations on the Treaty Power :: Article II ...
Constitutional Limitations on the Treaty Power. A question growing out of the discussion above is whether the treaty power is bounded by constitutional limitations.
law.justia.com/.../19-constitutional...on-treaty-power.html - Cached
Treaties, International Law, and Constitutional Rights
Introduction Can a treaty override an individual right protected under the Constitution? In its 1957 decision in Reid v. Covert, the Supreme Court held that the
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