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DISTRICT COURT AND SUPERIOR COURT UNIFIED CRIMINAL DOCKET IN FRANKLIN COUNTY STATE OF MAINE 129 Main Street, Suite 1, Farmington, ME 04938 STATE OF MAINE Executive and Judicial Branches VS. Case # Docket No.FRACD-CR-2014-00950 Carol Murphy Wrongly Accused Belligerent Litigants CERTIFICATE OF SERVICE I, Carol Murphy , do hereby certify that I have on this ______ day of May, 2015, by hand delivering a copy to his office in the County of Franklin. Maine 124 Main Street, Farmington, ME 04938 Served Plaintiff’s attorney Andrew S. Robinson prosecuting attorney and assistant prosecuting attorney district attorney James Andrews STATE OF MAINE. And I likewise certify that I have on this _____ day of May , 2015, SERVED The DISTRICT COURT AND SUPERIOR COURT UNIFIED CRIMINAL DOCKET IN FRANKLIN COUNTY STATE OF MAINE A true and correct copy of the two documents indicated herein below, on behalf of the above named Wrongly Accused. All concerned will please take note that this is a SERVICE of Process on this Court, causing this COURT, to be an Inactive and non- Participating Party to this Jurisdictional Challenge to the Executive CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 1 of 102 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

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This is the work of; Eric Williams, and I have taken it and started making it my own, but have not finished, as I have to understand it and finish reading it first...

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Page 1: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

DISTRICT COURT AND SUPERIOR COURT

UNIFIED CRIMINAL DOCKET IN FRANKLIN COUNTYSTATE OF MAINE

 

 

129 Main Street, Suite 1, Farmington, ME 04938

 

STATE OF MAINE Executive and Judicial Branches 

VS.                                                                          Case #  Docket No.FRACD-CR-2014-00950

Carol Murphy                                                                                                                           Wrongly Accused Belligerent Litigants

CERTIFICATE OF SERVICE

 

I, Carol Murphy , do hereby certify that I have on this ______ day of May, 2015, by hand delivering a copy to his office in the County of Franklin. Maine 124 Main Street, Farmington, ME 04938

Served Plaintiff’s attorney Andrew S. Robinson prosecuting attorney and assistant prosecuting attorney district attorney James Andrews  STATE OF MAINE.

And I likewise certify that I have on this _____ day of May , 2015, SERVED  The  DISTRICT COURT AND SUPERIOR COURT UNIFIED CRIMINAL DOCKET IN FRANKLIN COUNTY STATE OF MAINE

A true and correct copy of the two documents indicated herein below,

on behalf of the above named Wrongly Accused.

All concerned will please take note that this is a SERVICE of Process

on this Court, causing this COURT, to be an Inactive and non- Participating Party to this Jurisdictional Challenge to the Executive Branch of the Government of STATE OF MAINE 

This Court did not lodge the underlying charges and this Court is required to maintain its NEUTRAL Position with no authority to act in any manner of judicial activity unless and until STATE OF MAINE meets its burden to prove its jurisdiction over these Wrongly Accused!

 

NOTICE     (In Lieu of Motion)

OF CHALLENGE TO STATE OF MAINE‘S POLITICAL OR CONTRACTUAL JURISDICTION OVER THIS WRONGLY ACCUSED

and

DEMAND THAT STATE OF MAINE PRESENT PROOF OF ITS JURISDICTION

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 1 of 85

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STATE OF MAINE’S INHERENT FAILURE TO PRESENT SUCH PROOF SHALL CONSTITUTE ITS AVERMENT THAT ALL CHARGES AGAINST THIS WRONGLY ACCUSED WERE AND ARE INVALID AB INITIO

 

EXHIBIT “A”

DISTRICT COURT AND SUPERIOR COURTUNIFIED CRIMINAL DOCKET IN FRANKLIN COUNTY

STATE OF MAINE Executive and Judicial Branches 

VS.                                                                          Case #  Docket No.FRACD-CR-2014-00950

Carol Murphy                                                                                                                           Wrongly Accused Belligerent Litigants

 

 

 

 

EXHIBIT “A”

to NOTICE (In Lieu of Motion) OF CHALLENGE TO STATE OF MAINE’ S POLITICAL OR

CONTRACTUAL JURISDICTION OVER THIS WRONGLY ACCUSED and DEMAND THAT

STATE OF MAINE PRESENT PROOF OF ITS JURISDICTION  STATE OF MAINE’S INHERENT

FAILURE TO PRESENT SUCH PROOF SHALL CONSTITUTE ITS AVERMENT THAT ALL

CHARGES AGAINST THIS WRONGLY ACCUSED WERE AND ARE INVALID AB INITIO

 Introduction Let STATE OF MAINE and this Honorable Court be advised;

The presentation herein and references to the forty-five (45) appellate court cases pertaining to and

establishing proper protocols in regard to procedures once jurisdiction has been challenged are not

offered  herein by this Wrongly Accused as any basis for his Challenge to the jurisdiction of STATE of

MAINE over this Wrongly Accused.

The purpose of such presentment is to guide STATE OF MAINE and this Honorable Court as to the

fact that once such jurisdictional Challenge is entered on the record, any and all previous jurisdiction,

of any and every imaginable style or basis is suspended by this Basic Fundamental Jurisdictional

Challenge 45 Case Citations re: JURISDICTION

1. "A void judgment is one that has been procured by extrinsic or collateral fraud or entered by a court that did not have jurisdiction over the subject matter or the parties." Rook v. Rook, 233 Va. 92, 95, 353

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 2 of 85

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S.E.2d 756, 758 (1987)

2. A court may not render a judgment which transcends the limits of its authority, and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter. Thus, if a court is authorized by statute to entertain jurisdiction in a particular case only, and undertakes to exercise the jurisdiction conferred in a case to which the statute has no application, the judgment rendered is void. The lack of statutory authority to make particular order or a judgment is akin to lack of subject matter jurisdiction and is subject to collateral attack. 46 Am. Jur. 2d, Judgments § 25, pp. 388-89.

3. A void judgment is to be distinguished from an erroneous one, in that the latter is subject only to direct attack. A void judgment is one which, from its inception, was a complete nullity and without legal effect. Lubben v. Selective Service System, 453 F.2d 645, 649 (1st Cir. 1972).

4. A judgment rendered by a court without personal jurisdiction over the defendant is void. It is a nullity. [A judgment shown to be void for lack of personal service on the defendant is a nullity.] Sramek v. Sramek, 17 Kan. App. 2d 573, 576-77, 840 P.2d 553 (1992), rev. denied 252 Kan. 1093 (1993).

 5. "Where there are no depositions, admissions, or affidavits the court has no facts to rely on for a summary determination.” Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647.

 6. "A court cannot confer jurisdiction where none existed and cannot make a void proceeding valid. It

is clear and well established law that a void order can be challenged in any court", OLD WAYNE

MUT. L. ASSOC. v. McDONOUGH, 204 U. S. 8, 27 S. Ct. 236 (1907).

 7. "The law is well-settled that a void order or judgment is void even before reversal", VALLEY v.

NORTHERN FIRE & MARINE INS. CO., 254 u.s. 348, 41 S. Ct. 116 ( 1920 )

 8. "Courts are constituted by authority and they cannot go beyond that power delegated to them. If

they act beyond that authority, and certainly in contravention of it, their judgments and orders are

regarded as nullities ; they are not voidable, but simply void, and this even prior to reversal."

WILLIAMSON v. BERRY, 8 HOW. 945, 540 12 L. Ed. 1170, 1189 ( 1850 ).

 9. "Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court

lacks jurisdiction, the court has no authority to reach merits, but rather should dismiss the action." Melo

v. U.S. 505 F 2d 1026.

10. "There is no discretion to ignore lack of jurisdiction." Joyce v. U.S. 474 2D 215.

11. "The burden shifts to the court [or charging entity] to prove jurisdiction. " Rosemond v. Lambert,

469 F 2d 416.

12. "Court [or charging entity] must prove on the record, all jurisdiction facts related to the jurisdiction

asserted." Latana v. Hopper, 102 F. 2d 188; Chicago v. New York 37 F Supp. 150.

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 3 of 85

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13. "The law provides that once State and Federal Jurisdiction has been challenged, it must be proven

[by the charging entity]." 100 S. Ct. 2502 (1980).

14. "Jurisdiction can be challenged at any time." Basso v. Utah Power & Light Co. 495 F 2d 906, 910.

15. "Defense of lack of jurisdiction over the subject matter may be raised at any time, even on appeal."

Hill Top Developers v. Holiday Pines Service Corp. 478 So. 2d. 368 (Fla 2nd DCA 1985).

16. "Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to act,

its proceedings are absolutely void in the fullest sense of the term." Dillon v. Dillon, 187 P 27.

 17. "Once challenged, jurisdiction cannot be assumed, it must be proved to exist." Stuck v. Medical

Examiners 94 Ca 2d 751. 211 P2d 389. 18. "Jurisdiction, once challenged, cannot be assumed and must

be decided." Maine v Thiboutot 100 S. Ct. 250.

19. "The law requires proof of jurisdiction to appear on the record of the administrative agency and all

administrative proceedings." Hagans v Lavine 415 U. S. 533. 20. A judgment obtained without

jurisdiction over the defendant is void. Overby v. Overby , 457 S.W.2d 851 (Tenn. 1970). Volume

20: Corpus Juris Sec. § 1785.

21. Challenge to court's jurisdiction is raised by motion to dismiss, Criterion Co. v. State, 458 So. 2d.

 22 (Fla 1st DCA 1984.22. Since jurisdiction is fundamental, and it is jurisdiction alone that gives a

court power to hear, determine, and pronounce judgment on the issues before it, jurisdiction must be

continuing in the court throughout the proceedings [meaning at the time charges were lodged], Re.

Cavitt, 254 P.599

 23. Since jurisdiction is fundamental to any valid judicial proceeding, the first question that must be

determined by a trial court in any case is that of jurisdiction [of he charging entity], Dillon v. Dillon,

187 P,27.

 24. "A universal principle as old as the law is that a proceedings of a court [or the charging entity]

without jurisdiction are a nullity and its judgment therein without effect either on person or property."

Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P. 732. 25. "Jurisdiction is fundamental and a

judgment rendered by a court that does not have jurisdiction to hear [due to lack of jurisdiction of

charging entity] is void ab initio." In Re Application of Wyatt, 300 P. 132; Re Cavitt, 118 P2d 846.

26. "A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case before a

tribunal is its power to act, and a court must have the authority to decide that question in the first

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instance." Rescue Army v. Municipal Court of Los Angeles, 171 P2d 8; 331 US 549, 91 L. ed. 1666, 67

S.Ct. 1409.

27. "A departure by a court from those recognized and established requirements of law, however close

apparent adherence to mere form in method of procedure, which has the effect of depriving one of a

constitutional right, is an excess of jurisdiction." Wuest v. Wuest, 127 P2d 93 4, 937.

28. "Where a court failed to observe safeguards, it amounts to denial of due process of law, court is

deprived of juris." Merritt v. Hunter, C.A. Kansas 170 F2d 739.

29. "The fact that the petitioner was released on a promise to appear before a magistrate for an

arraignment, that fact is circumstance to be considered in determining whether in first instance there

was a probable cause for the arrest." Monroe v. Papa, DC, Ill. 1963, 221 F Supp 685.

30. A motion to set aside a judgment as void for lack of jurisdiction is not subject to the time

limitations of Rule 60(b). See Garcia v. Garcia, 712 P.2d 288 (Utah 1986).

31. A judgment is void, and therefore subject to relief under Rule 60(b)(4), only if the court that

rendered judgment lacked jurisdiction or in circumstances in which the court's action amounts to a

plain usurpation of power constituting a violation of due process. United States v. Boch Oldsmobile,

Inc., 909 F.2d 657, 661 (1st Cir. 1990)

 32. Where Rule 60(b)(4) is properly invoked on the basis that the underlying judgment is void, "'relief

is not a discretionary matter; it is mandatory.'" Orner v. Shalala, 30 F.3d 1307, 1310 (10th Cir. 1994)

(quoting V.T.A., Inc. v. Airco, Inc., 597 F.2d 220, 224 n.8 (10th Cir. 1979)).

33. In order for a judgment to be void, there must be some jurisdictional defect in the court's authority

to enter the judgment, either because the court lacks personal jurisdiction or because it lacks

jurisdiction over the subject matter of the suit. Puphal v. Puphal, 105 Idaho 302, 306, 669 P.2d 191, 195

(1983); Dragotoiu, 133 Idaho at 647, 991 P.2d at 379.

34. A void judgment is one that has been procured by extrinsic or collateral fraud or entered by a court

that did not have jurisdiction over the subject matter or the parties. Rook v. Rook, 233 Va. 92, 95, 353

S.E.2d 756, 758 (1987)

35. "Though not specifically alleged, defendant's challenge to subject matter jurisdiction implicitly

raised claim that default judgment against him was void and relief should be granted under FRCP Rule

60(b)(4)." Honneus v. Donovan, Page 6 of 993 F.R.D. 433, 436-37 (1982), aff'd, 691 F.2d 1 (1st Cir.

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1982).

36. "A judgment is void if the court acted in a manner inconsistent with due process. A void judgment

is a nullity and may be vacated at any time." 261 Kan. at 862.

37. Although Rule 60(b)(4) is ostensibly subject to the "reasonable" time limit of Rule 60(b), at least

one court has held that no time limit applies to a motion under the Rule 60(b)(4) because a void

judgment can never acquire validity through laches. See Crosby v. Bradstreet Co., 312 F.2d 483 (2nd

Cir.) cert. denied, 373 U.S. 911, 83 S.Ct. 1300, 10 L.Ed.2d 412 (1963) where the court vacated a

judgment as void 30 years after entry. See also Marquette Corp. v. Priester, 234 F.Supp. 799

(E.D.S.C.1964) where the court expressly held that FRCP Rule 60(b)(4) carries no real time limit.

38. Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to

the court is that of announcing the fact and dismissing the cause." Ex parte McCardle, 7 Wall. 506, 514

(1869). "On every writ of error or appeal, the first and fundamental question is that of jurisdiction, first,

of this court, and then of the court from which the record comes. This question the court is bound to ask

and answer for itself, even when not otherwise suggested, and without respect to the relation of the

parties to it." Great Southern Fire Proof Hotel Co. v. Jones, supra, at 453. The requirement that

jurisdiction be established as a threshold matter "spring[s] from the nature and limits of the judicial

power of the United States" and is "inflexible and without exception." Mansfield, C. & L. M. R. Co. v.

Swan, 111 U. S. 379, 382 (1884).Cited in Steel Co. v. Citizens for Better Environment, 523 US 83 -

Supreme Court 1998.

39. "Statements of counsel in brief or in argument are not sufficient for motion to dismiss or for

summary judgment," Trinsey v. Pagliaro, D. C. Pa. 1964, 229 F. Supp. 647.

40. "An attorney for the plaintiff cannot admit evidence into the court. He is either an attorney or a

witness". (Trinsey v. Pagliaro D. C. Pa. 1964, 229 F. Supp. 647).

41. “Factual statements or documents appearing only in briefs shall not be deemed to be a part of the

record in the case, unless specifically permitted by the Court" - Oklahoma Court Rules and Procedure,

Federal local rule 7.1(h).

 42, "Manifestly, [such statements] cannot be properly considered by us in the disposition of [a] case."

United States v. Lovasco (06/09/77) 431 U.S. 783, 97 S. Ct. 2044, 52 L. Ed. 2d 752,

43. “Under no possible view, however, of the findings we are considering can they be held to constitute

a compliance with the statute, since they merely embody conflicting statements of counsel concerning

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 6 of 85

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the facts as they suppose them to be and their appreciation of the law which they deem applicable, there

being, therefore, no attempt whatever to state the ultimate facts by a consideration of which we would

be able to conclude whether or not the judgment was warranted." Gonzales v. Buist. (04/01/12) 224

U.S. 126, 56 L. Ed. 693, 32 S. Ct.

44, "No instruction was asked, but, as we have said, the judge told the jury that they were to regard

only the evidence admitted by him, not statements of counsel", Holt v. United States, (10/31/10) 218

U.S. 245, 54 L. Ed. 1021, 31 S. Ct. 2, "The prosecutor is not a witness; and he should not be permitted

to add to the record either by subtle or gross improprieties. Those who have experienced the full thrust

of the power of government when leveled against them know that the only protection the citizen has is

in the requirement for a fair trial." Donnelly v. Dechristoforo, 1974.SCT.41709 ¶ 56; 416 U.S. 637

(1974) Mr. Justice Douglas, dissenting.

 45. "Care has been taken, however, in summoning witnesses to testify, to call no man whose character

or whose word could be successfully impeached by any methods known to the law. And it is

remarkable, we submit, that in a case of this magnitude, with every means and resource at their

command, the complainants, after years of effort and search in near and in the most remote paths, and

in every collateral by-way, now rest the charges of conspiracy and of gullibility against these witnesses,

only upon the bare statements of counsel. The lives of all the witnesses are clean, their characters for

truth and veracity un-assailed, and the evidence of any attempt to influence the memory or the

impressions of any man called, cannot be successfully pointed out in this record." Telephone Cases.

Dolbear v. American Bell Telephone Company, Molecular Telephone Company v. American Bell

Telephone Company. American Bell Telephone Company v.. Molecular Telephone Company, Clay

Commercial Telephone Company v. American Bell Telephone Company, People's Telephone Company

v. American Bell Telephone Company, Overland Telephone Company v. American Bell Telephone

Company,. (PART TWO OF THREE) (03/19/88) 126 U.S. 1, 31 L. Ed. 863, 8 S. Ct. 778.

Proceeding at all times under Threat, Duress and Coercion

____________________________

Carol Murphy                                                                 Dated: May  ___, 2015

c/o 248 Lane Road New Sharon, Maine  

 

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 7 of 85

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Hi Group Special Member, 1.  Please read my disclaimer here as you are bound by it. 2.  Please understand that there is no Paytri-Idiot content as that crap is irrelevant and does not work and will cause the letters to fail. 3.  There is only ONE issue, the Thirteenth Amendment's prohibition of involuntary servitude,  When did you volunteer? That is he ONE and ONLY single issue, they have to prove it - NOT YOU!!!  Keep the burden of proof on THEM!!! 4.  You may have to copy and paste these letters into your word processor and adjust the format. Please understand that I am very busy, I am Eric Williams, The Radical In The Twilight Zone 

5.  Here is my disclaimer that you must agree to before using my IRS letters of my Notice and Demand: 6.  By my acceptance of these three generic letters, I thereby proclaim under penalty of perjury, under the laws of he United States, that I am not an agent of the United States government or any sub agency thereof, including (but not limited to), the IRS, FBI, DHS, DEA or any other government agency of any manner or description, for any purpose what-so-ever. 7.  Additionally, I likewise agree and stipulate, that any information provided to me by Eric Williams, is for information purposes only, and do not constitute and are not considered by me to be any manner or form of legal advice, no matter what might be written or how it might be presented by Eric Williams. 8.  That if I choose to use any of the information presented by Eric Williams, I do so on my own responsibility, and not

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 8 of 85

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on any responsibility of Eric Williams. 9.  Additionally, Eric Williams has not charged me any fee for this information, nor have I paid or offered to pay any fee or any other manner of remuneration to Eric Williams.I acknowledge that the information created by Eric  10.  Williams is owned by him under common law copy right and is not subject to any manner of editing or modification what-so-ever, other than obvious editing of name, gender, state, address, state abandoned property statute, number of page reference, reference to date of mailing or other dates, or reference to IRS publication as reasonably appropriate.

11.  No Pay-Tri-Idiot text or word changes permitted other than deletions of inapplicable information.

 

 

Instructions for editing Generic Notice and Demand: 1.  You may edit the font and type size and first page format to suit local style, but NOT to insert any manner of Paytri-Idiocy 2.  This N&D has been double spaced to conform to what most courts want to see.  Certain parts of the text are not double spaced because that is common practice for case cites and other similar items. 3.  If you change the font or eliminate bold type, such change will cause the paging to change so then you will need to go through and check for the hash mark slashes /// that you will see at the bottom of some pages.  After font changes you may find hash marks /// up on the pages, if so, then delete those hash marks ///. 4.  The “rule” for formatting paragraphs is that there should never be just one line of a paragraph at the bottom

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of a page.  If the font change or other formatting changes cause one line of a paragraph at the bottom of a page, then push that one line down to the next page and enter, probably, two lines of hash mark slashes /// .  Never put more than three hash mark slashes on one line and never put more than three lines of hash marks on one page. 5.  If there is a centered heading at the bottom of a page with one line or less of text under it, then push that centered heading down to the next page and enter three lines of three hash mark slashes at the bottom of the page it was pushed down from. 6.  Be sure all pages are numbered at the bottom center of each page. 7.  Be sure all intermediate text headings are centered. 8.  Be sure to do a search and replace of the name of the state and the name entered on the generic N&D, to replace them with the name of your state and your name.  Do NOT enter the word “the” in front of the state name, STATE OF ARKANSAS. 9.  When you enter your name enter it the regular way, with no Paytri-Idiot format, and with no punctuation after your first or middle name.  None of that has any validity.   10.  In order to understand what the truth is about all this Patrri-Idiocy you might need to read United States Supreme Court cite 46 on Exhibit “A”.  11.  Together with the lengthy explanation of the truth about how the name is used by the state, as I have explained it in IRS letter #2, beginning at about paragraph #25.     12.  This explanation dove tails in with the United States Supreme Court writing in the case cite in paragraph 46 of

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Exhibit “A”, and the Federal Thirteenth Amendment.   13.  None of the all caps name info of the Paytri-Idiots has any validity what-so-ever!  And neither does the entry of ZIP codes on your mail or address, and neither are birth certificates bundled and sold and when filed do not assign ownership of the child to the state and the gold fringe on a flag has no affect on your political status!  And neither does the fact that all associations of human beings, including PTA meetings, are “corporate”.  “Corporate” is a word that is greatly misunderstood.   14.  Every meeting of Tea Party groups is “corporate”. “Corporate” simply describes the association of humans for a common purpose.  Some of these associations are for profit corporations, but many are not.  Every municipality in this country is a corporate entity.  That does not cause them to be evil and does not mean they have a distribution of tax payer money to some owner group!  This is all stupid non-think of Paytri-Idiots!!! 15.  I am 81 years old.  I have been in this Freedom Movement since 1964.  I do not have time to explain all the underlying nonsense so prevalent among the Paytri-Idiot clan. That has taken me years to sort out.  16.  My IRS letters and N&D have never failed to rid those who properly use them, of government interference in their lives. 17.  Too many Group Members have taken my work and changed it, or gone to court after serving my N&D, or filed motions after serving my N&D, enabling the court to ignore the N&D or dismiss it as a motion. 18.  You need to carefully read paragraph 21 of my N&D and edit it appropriately to properly refer to the police or other entity as needed. 19.  Check paragraph 9 for the word “himself”.  If you are

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not a “him” edit that as appropriate, likewise paragraph 29 for the word “he”.

20.  Also, read the instructions I entered above paragraph 29.  There are two paragraphs 29.  One addresses the issue of returning of bail money, if appropriate.  If you have not posted bail then you need to delete that version of 29.  If you did post bail then you need to delete the short version of 29.  In both cases you delete the instruction paragraph I put there, and then check the subsequent pages for any format adjustments that might have been affected by the deletions relative to paragraph 29.

 

What are the Hazards of Using Notice and Demand? 

1.  To immediately put your mind at ease, the way we are using the N&D Utility, here, in this Challenge to The Political Jurisdiction of State Governments, and using the same basis in the same Challenge to the Federal Government in these Letters to the IRS Letters, there are no hazards other than those addressed in the explanatory documents I have provided, caused by inappropriate Paytri-Idiot editing.

 

2.          The Foundation of my N&D and my IRS letters is Natural Law, but NOT based on Paytri-Idiot Imaginations and wishful thinking.  My Basis is the Federal Thirteenth Amendment, powerfully supported by the United State Supreme Court’s writings in the 1795 Case Citation included in Exhibit “A”, as item # 46, set forth herein down on page 8 hereof.  

3.          The reason I am addressing this issue is because “Notice and Demand”, the words, have been

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 12 of 85

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wrongly or erroneously used many times for different purposes, by persons in the Paytri-Idiot community.   

4.          To the best of my knowledge none of these prior Paytri-Idiot applications of N&Ds have been successful.  Some have even caused those who used them some very serious legal problems.  These were instances where the N&D was used to demand money based on some ill-founded Paytri-Idiot nonsensical scheme.5.          The reason my application is so effective is because it is so simple, it requires very little study to learn, and it is all based on simple common sense, backed up by the Federal Thirteenth Amendment and at least 46 appellate court case citations, the most significant being my newly discovered SCOTUS writing in 1795, included as Case Citation #46 in my Exhibit “A” to my Notice and Demand. 

6.          Understanding how things work, not just legal things, but everything, requires us humans to use what we call “words”.  These words are sounds we have made up to refer to about every item and manner of situation of interest to us.  We put these words together in strings called “sentences”. 

7.          Many of the words we use have many different meanings depending on the other words they are combined with; some words even have an opposite meaning.  Sometimes it is actually impossible to determine what a certain word actually means in some written applications.   

8.          My best example of this is the word “sanction”.  Sanction can mean approval or punishment, and oftentimes the meaning can only be

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determined by the tone of voice, facial expression and body language of the speaking person.  How can it be possible to determine the “tone of voice”, facial expression or body language when those words are written on paper?//////9.          My point here is that the words, “Notice and Demand”, and “challenge to jurisdiction” have been wrongly used so often by those in the Freedom Movement, with very negative results, that many persons are immediately dissuaded from using my N&D simply because it is designated as being a “Notice and Demand”. 

10.     The courts in this country are well schooled on the false arguments offered by “Sovereign Citizens”, “Free Men on The Land”, “State Citizens”, and those coming into court and immediately arguing the issue of who they are and their name being written in all capital letters in the documents filed with the court by the prosecutor.  And the often used totally erroneous argument that because there was no victim, there could be no crime.   

11.     Not to overlook the unfounded silly argument that because the governments are corporate they are unconstitutional and that the dejure Organic Constitution has been replaced (which it has NOT). 

12.     All of these arguments and many more, are totally, one-hundred percent frivolous!  And do nothing other than insuring that the “defendant” is going to be convicted by “a corrupt court that is in violation of the Constitution”, when in fact, those courts are following the CONstitution.  

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13.     Those courts are adhering to Article One Section Ten, which prohibits any laws from being made that would impair the obligation of contracts, and the courts are also properly applying the Federal Fourteenth Amendment to those defendants the Courts perceives and assume are citizens of the United States, because they have volunteered themselves to be, not because of their birth in the United States or because of anything in the Fourteenth Amendment.  Please pay very careful attention to the wording of the Thirteenth Amendment and the SCOTUS writing in the 1795 case presented as item 46 in Exhibit “A” to my N&D. 

14.     I could go on writing here for many pages explaining how all the Paytri-Idiocy is fallacious and counter productive, however I have more and better things to do. 

15.     As a response to my messages that I was pulling my N&D and IRS letters from my open access Yahoo Group, a message was posted on that Group by Bob Hurt, one of the most egregious of the Paytri-Idiot “Leaders”.  In his rather lengthy post Bob, in advising me to mend my ways, included this: 

“If you want to promote something [Eric], promote this:

 

“1.  MEMORIZE the Federal Rules of Evidence and your states differences - this is the most important thing to know about litigation.”

 

16.     My comment, the most important thing to know about litigation is how to avoid it while maintaining your Freedom, which we easily accomplish by serving

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 15 of 85

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my N&D and using my IRS letters; but back to Bob Hurt’s “well thought out” gibberish: 

Bob Hurt Continues: 

       “2.  Memorize, or learn well, the Federal Rules of Civil Procedure, and the State counterpart.

 

“3.  Study litigation practice - nature of the courts, difference between common and statutory law and regulations, how to write a complaint, answers, motions, petitions, judicial notices, notices of discovery, petitions (especially for great writs), motions for sanctions, motions to compel, motions to vacate void judgments, objections, motions to dismiss, motions to strike, motions in limine (to suppress evidence), etc., how to communicate in and out of court with attorneys, judges, opponents, how to examine and cross examine witnesses, how to depose witnesses, how to ask for hearings on motions, how to disqualify judges, how to file interlocutory and other appeals.”

 

17.     Gee, Members, I think I have accomplished everything Bob Hurt recommends in his lengthy presentation and all we have to do to accomplish the same outcome, without all that legal mumbo-jumbo, is serve my Notice and Demand on the State and on the Court, or mail its letter version to the IRS.  Thank you Bob Hurt!!! 

18.     The sorry problem is that we often have considerable difficulty understanding that the failures caused by the erroneous misuse of words can put us off of using something very good, such as my N&D. 

19.     I found it difficult to merely read Bob Hurt’s long

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recommendation that we spend all that time and effort doing all that totally un-necessary legal study and memorization, that Bob Hurt recommends and offers, while asking for a monetary “donation”. 

20.     Why should we do any of that when we can avoid going to court by simply editing my Generic N&D appropriately, to change the state, the name of the court and/or county, the case number and the name of the Wrongly accused and one or two other minor changes that are explained in the document.  And then serve the N&D and Exhibit “A” on the State prosecutor (or other appropriate opposition), and likewise SERVING the Court, causing the Court to be an inactive agent of the Plaintiff. The plaintiff being the entire Government of the STATE, which includes its courts.  

21.     The reason I decided to include the Court as an inactive Party to the action is because of what I mentioned herein above, being that the courts and the system in general, address the issue of jurisdiction so often that it has become ingrained in the minds of the judges and prosecutors, and virtually all attorneys, that the mere use of the word “jurisdiction”, or “challenge the jurisdiction” causes a synaptic presumption in the minds of all those who spend all their working days in the courts; whereupon they automatically presume, when they see or hear the words, “challenge the jurisdiction” to be a reference to a challenge of the court’s jurisdiction.  Which is NOT the case in my N&D! 

22.     This is true even when the context presented includes the word “political”, because the word “political”, is not a word commonly annexed to a

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challenge of jurisdiction, because there is truly, nothing political about the judiciary, in so far as it relates to trying cases brought before it. 

23.     So, in order to bring it forcefully before the mind of the judge of the court that their judicial authority has been placed on hold, I determined that SERVING the Court as an “inactive and non-participating party” to this jurisdictional challenge, to the political jurisdiction of the STATE, would be a good and legitimate way to accomplish this need. 

24.     I contend that this will cause the court clerk, who is to be orally informed by you that the court is being SERVED as a party to the Notice and Demand, to quickly bring the serving of this N&D to the attention of the judge, and will cause the judge to pay some significant attention to what is stated in the N&D and Exhibit “A”, especially Case Citation 46.   

25.     Citation 46 is very powerful!  I can hear the opposing argument, that this cite is two hundred and twenty years old, and cannot possibly be relevant to us here in 2015. 

26.     This might very well be true in some areas of our system of government, but before anyone throws out the baby with the bath water they would be well advised to take a closer look at the baby. 

27.     There are some things that will never change, no matter how many eons of time have elapsed.   

28.     One of those never changing principles is set forth in the SCOTUS writing in that 1795 citation, and it is reiterated in the Thirteenth Amendment, as part of the Federal Constitution.

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29.     So that it will be clear, here it is for your immediate and ready consideration; where is there any part of this writing that is out of date?: 

Government Is Foreclosed fromParity with Real People.

Supreme Court of the United States 1795

(Exhibit “A” Case cite 46) "Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them."  S.C.R. 1795, Penhallow v. Doane's Administraters (3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54), Supreme Court of the United States 1795.

 

30.     Does not the Federal Thirteenth Amendment dove tail succinctly with the SCOTUS citation above? 

31.     And does not the Federal Thirteenth Amendment incorporate that SCOTUS reasoning solidly into the Federal CONstitution?: 

“Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”

 

32.     And is not true that our argument that the purpose of all of the Fifty Several States requiring a driver license applicant to present a birth certificate before any State can have standing to require or to

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issue a driver license to a human being, is supported by both the SCOTUS citation above, and the Federal Thirteenth Amendment?   

33.     Due to the recognition of Natural Law in the two references herein above; it is clearly established that the State, as an artificial entity, is never ever going to be able to achieve standing to require or to even issue a driver license directly to a willing human applicant. 

34.     Due to its artificial NATURE, the State is always going to have limited standing, to issue driver licenses only to a contract franchisee of the state.  Such person being a human being who has been fraudulently indoctrinated by the state to proceed, to act unknowingly and unwittingly as an “artificial person”, as mentioned by SCOTUS in Case Citation 46, presented herein above.  Where the person, having been deceitfully manipulated into servitude in the government’s indoctrination centers, known as public schools has been fraudulently indoctrinated to believe he was born into United States citizenship and that he is REQUIRED to present “his” birth certificate in order to be issued a driver license so he can drive his own motor vehicle. 

35.     Please take note as to how flagrantly I intentionally and knowingly use all those words abhorred by the Paytri-Idiots! 

36.     So how much studying is anyone required to do in order to successfully benefit from their use of my very simple Notice and Demand, styled on Basic Fundamental Natural Principles recognized by SCOTUS and embodied into the Federal CONstitution in its Thirteenth Amendment?

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37.     Well it would be a good idea for you to understand that when someone makes a DEMAND, such action implies and must be based on an unquestionably solid foundation.  This N&D’s fundamental foundation is NOT in that SCOTUS Citation or in the Federal Thirteenth Amendment.  NO!  

38.     First, what is the reasonable basis of SCOTUS and the Federal Thirteenth Amendment?  They are both founded on the solid concrete bedrock of Natural Law! 

39.     Why else would SCOTUS write what it did in Citation 46?  What would be the likelihood that SCOTUS would write something like that in 2015?  And why would the CONgress and the States ratify the Thirteenth Amendment if there was any reasonable argument that could be brought against it? 

40.     Why?  Because no single individual has any Naturally imbued authority to command the subservience of any other individual.  This is self evident.  No matter the circumstances conjured up by any humans, there has never ever been a single human being that was properly born into slavery. This is nothing but a recognition of Natural Law.  Any claim or assertion otherwise is nothing but a self-serving delusion of the criminal minds of those who desire to control others. 

41.     When you properly understand the literal truth that you were born politically free, and that the governments (plural) of the United States have criminally indoctrinated the entire population of this country into believing the lie that they were born into

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citizenship and when you get that straight in your head, and when you are actually able to overcome the criminal indoctrination that you were and are continuing to be subjected to, into total  subservience, then you will KNOW that there is no need to waste your life studying and memorizing all that legal crap Bob Hurt, and his ilk, promote, and ask you to donate money to him for his teaching of his nonsensical crap! 

42.     There is no doubt in my mind that what I present is worth a lot of money, but my Freedom is far more important to me that any amount of money. 

43.     I cannot be free unless you are free.  The only way we can become truly free is to understand what Freedom is, and to understand, that True Freedom has never ever existed anywhere when a formal government has been established; supported by the levying of taxes.   

44.     We do truly need a strong government but when it is financially supported by the government’s gun, then how can we claim to be free? 

45.     We need to change the Federal Reserve to a Central Bank owned by the People of the United States, with all levels of our government funded by all the interest collected on loans to private sector borrowers.   

46.     Control of the People’s Central Bank must be taken away from CONgress; and the ability of CONgress to borrow money on the credit of the United States must be removed from the CONstitution! 

47.     I have devised a detailed plan for the operation of the People’s Central Bank that I have otherwise

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presented so it is not necessary to do so here, but there is a definite connection because virtually all of the micro-management of our lives has been prompted by the governments’ need for money to fund that which government has no proper authority to be involved in. 

48.     Our implementation of these Notices, Demanding that government conform to Natural Law as set forth by SCOTUS in Case Citation 46, and in the Thirteenth Amendment to the Federal Constitution, will have a profound effect on our ability to gain control over our government. 

49.     When you truly understand the strength of the content of this N&D, and my IRS letters, based on the exact same Natural Foundation, you will promote them to everyone you know, and we will put the government back where it belongs, under our control, operating on money which we freely provide through interest paid on mortgages, business loans and credit cards.  

50.     In closing, please be advised, there is nothing inherently evil in Factional Reserve Lending, and when properly understood, interest on borrowed money is no different than the profit a baker adds to the bread he sells. 

51.     In TRUTH, our monetary problems are caused by CONgress’s misuse of the Fed, intentionally enabled in the CONstitution by the Founding Fathers.  Pay attention to the words in the CONstitution, not to those words written outside of it by a bunch of used car salesmen! 

Cheers,

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I am Eric Williams, The Radical In The Twilight

 

Modified Additional Comments on the implementation of my

 

Notice And Demand

 

Hi Group,

 

 

 

1.  This is a modification to my previous Additional Comments

 

posted on my public access Yahoo WhoRU Group, regarding the

 

implementation of my Notice and Demand challenging the

 

Executive Branch to present its proof that it has properly gained

 

any manner of jurisdiction over the Wrongly Accused. 

 

2.  Please read this very carefully as I have made many

 

explanatory changes.  Most significantly in including the Court as

 

an “inactive” party to the litigation.  Equally significant is the

 

addition of and references in the N&D of the very relevant case

 

citations now included in Exhibit “A”, in items 39-46 thereof, most

 

especially #46!

 

 

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3.  For those of you emailing me requesting access to Exhibit “A”

 

with the 46 appellate court cases: Due to technical difficulties

 

seemingly inherent in Yahoo’s programming, Exhibit “A” is now

 

posted on my PAWHORU Yahoo Group in the files folder, not in

 

the conversations folder.

 

 

 

4.  I received a question asking, " by what authority do they

 

associate a person with the names they use?"  I have explained

 

the name game in some detail herein further below but to directly

 

respond to this question, the names commonly used by everyone

 

is a name they acknowledge was derived from a birth certificate. 

 

Everyone nonthinkingly assumes this name is their property, if

 

they bother to think of it at all.  If they were to actually think

 

about it, they would come to understand that such name cannot

 

possibly legally or lawfully belong to them because they had

 

absolutely nothing to do with the creation of the name or its

 

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Page 26: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

application to them or its entry on a birth certificate or the filing

 

of the BC with the government.

 

 

 

5.  As all those names were, most likely, conjured up by the

 

THE NAME GAME

 

Page 1 of  1

 

parents of the person using that name as their personal identifier,

 

it is self-evident that the parents (or whomever), would have had

 

(past tense), first claim of ownership of those names, if the

 

parents (or whomever), had entered any claim of such ownership

 

on the birth certificates or used some other manner of entering

 

such ownership claim.

 

 

 

6.  However, I am not aware of even one instance where any

 

parent (or whomever), entered any manner of claim of ownership

 

of any of those names.

 

 

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7.  It is self-evident and generally recognized that names are

 

property capable of being owned and that names have the

 

potential of becoming very valuable.  It is also well known that

 

whomever came up with the name caused those names to be

 

entered on birth certificates which are recorded with the state. 

 

Again, such person would have had (past tense), priority position

 

to claim ownership of the name.

 

 

 

8.  As names are recognized as being property, it is self-evident

 

that names will be owned by some entity.  Every state has

 

enacted statutes for the state's disposition of abandoned

 

property.  If the creator of the name (please take care to notice

 

that the information entered on a birth certificate does NOT

 

indicate who came up with the name entered thereon.  It may be

 

implied and presumed, but it is NOT clearly set forth), does not

 

make himself known, then the state, “quite reasonably”,

 

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Page 28: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

determines that the names are abandoned property, where it is

 

“reasonable” that the ownership thereof will be assumed by the

 

state, for the benefit of everyone in the state.  (Fines assessed

 

for traffic violations paid by users of state owned names go to

 

help the state provide benefits to everyone - everyone then

 

benefits from the individual's franchised use of state owned

 

property, the name).

 

///

 

///

 

///

 

THE BEGINNING OF THE

 

BIRTH CERTIFICATE

 

Page 2 of  1

 

DRIVER LICENSE

 

TRUE LEGAL NAME

 

ENSLAVEMENT SCAM

 

9.  When a person presents a birth certificate to be issued a

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driver license, the state presumes the DL applicant is aware that

 

the state does not have standing to issue or require anyone to

 

have a driver license unless and until the applicant has entered

 

himself into a subservient contractual relationship to the state. 

 

(Were you not educated in the public schools in regard to the

 

prohibition of involuntary servitude recognized and established in

 

the Federal Thirteenth Amendment?  Were you sleeping in class

 

when the government paid "teacher" explained this in detail?  Or

 

did your teachers "forget" to teach this to you?  IF any of them

 

were themselves aware of it)

 

10.  So then, the state presumes the DL applicant is intending to

 

apply to the state requesting the state to issue a franchise license

 

to the applicant to enable the state owned name on the birth

 

certificate presented, to be used by the applicant as the

 

applicant's "True Legal Name"'. 

 

11.  Once this franchise license "ceremony" has been completed

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 29 of 85

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Page 30: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

the state then has standing to require the new franchisee to

 

conform to all rules established by the state for any activity the

 

new franchisee engages in under the auspices of that state owned

 

name.

 

 

 

12.  The authority of the state to associate anyone with the name

 

is accomplished by the "voluntary" application of the applicant to

 

be issued a franchise license to use that state owned name as the

 

applicant's "True Legal Name".  And such authority is further

 

established, CONstitutionally, in the Federal Fourteenth

 

Amendment, in the words: “subject to the jurisdiction thereof”.

 

13.  However, under Arkansas' abandoned property statute, any

 

abandoned property can be reclaimed by the original owner, or

 

such owner's heirs, anytime, with no time limit.  Check the

 

abandoned property statute of your state to determine this

 

possibility in the state where you live.

 

Page 3 of  1

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 30 of 85

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Page 31: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

 

 

14.  I have established the validity of the foregoing line of state

 

ownership of names through Admit or Deny documents served on

 

the Arkansas State Governor, the state Attorney General, a state

 

senator and a state representative.  More information in regard to

 

the Admit or Deny that I had served on Arkansas Governor Mike

 

Beebe is included herein below, and has been posted by me on

 

my public access Yahoo Group as message #377.  Please read

 

on:

 

THE NOTICE & DEMAND NEUTRALIZES

 

ANY PROMISE TO APPEAR

 

15.  I received another email pointing out to me that when issued

 

a traffic citation the cited person signs a promise to appear in

 

court, and if he does not appear an arrest warrant will be issued, 

 

What should the person do?

 

 

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 31 of 85

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Page 32: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

16.  Please folks, what I have presented in my Notice and

 

Demand, and explained in this instant essay, addresses every

 

possible condition where the charged Wrongly Accused is either

 

alone or with someone.

 

17.  Additionally, in the new version of my N&D (posted

 

concurrently with this item), I have specifically addressed this 

 

citation created promise to appear issue.

 

 

 

18.  In any event, the information on the N&D negates any

 

promise entered on any citation because, under the 46 appellate

 

court case citations annexed thereto as Exhibit “A”, it is clearly

 

establish that neither the state or court have authority to proceed

 

in any manner against the Wrongly Accused unless and until the

 

charging entity restores or establishes its jurisdictional authority

 

by presenting the required proof of jurisdiction in writing, on the

 

record, with an assertion that the purported proof will be testified

 

to in court by a living breathing eye witness.  See case citations

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 32 of 85

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Page 33: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

#39-45 in Exhibit “A”!

 

WHAT TO DO IF ARRESTED

 

AFTER SERVING MY N&D

 

19.  It is quite common for traffic court judges to order arrest

 

warrants issued, to save face in open court, but then not actually

 

Page 4 of  1

 

issue them, because they know the State cannot overcome the

 

Demand presented in the N&D.  If an arrest warrant is issued,

 

and you are arrested, if you stand your ground on the N&D you

 

had served on BOTH the State and the Court, they will have to

 

release you.  But you must not in any manner cave, or you will

 

lose!  Please read my essay on how to proceed if arrested after

 

serving my N&D.

 

 

 

20.  In regard to my Notice & Demand, previously posted on my

 

old WHORU Yahoo Group, please disregard that version and any

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 33 of 85

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Page 34: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

previous versions that may still be posted on my Group and use

 

only the NEW version posted concurrently with this new revised

 

Additional Comments presented here below:

 

 

 

21.  First, everyone who has been served with any manner of

 

summons advising them that a court action has been filed against

 

them, could and should serve the Prosecutor (or private party

 

plaintiff), and ALSO SERVE UPON the Court, a Notice Demanding

 

the charging entity (no matter who the charging entity might be),

 

to present its proof that the charged individual has voluntarily

 

agreed to be subject to the jurisdiction of the State, AND, that

 

the charging entity will present a living, breathing eyewitness to

 

personally testify in court, under oath, that such witness

 

personally observed the Wrongly Accused being officially advised

 

by a State Official, that the Wrongly Accused had the option to

 

choose to opt out of whatever “ceremony” was being considered

 

and this witness will further testify that the Wrongly Accused was

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 34 of 85

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Page 35: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

informed by the State Official that the Wrongly Accused had a

 

Naturally acquired right to live in this society without volunteering

 

into a subservient relationship to the state, including (but not

 

limited to), the Wrongly Accused’s right to drive any manner of

 

vehicle without having possession of a driver license, and that

 

this Wrongly Accused choose to enter himself voluntarily into a

 

subservient relationship to the State!!!  Please see Case Citations

 

# 39 - 45 of Exhibit “A”. 

 

22.  This is appropriate even if the State is not the charging

 

entity, as all litigation proceeds under the authority of the state.

 

However that is true only IF it can be properly proved that the

 

Page 5 of  1

 

state has properly established some manner of jurisdiction over

 

the Wrongly Accused, acquired, in full conformance with the

 

Federal Thirteenth Amendment and Case Citation #46, which is

 

highly doubtful.  Actually, impossible!

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 35 of 85

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Page 36: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

 

THIS IS A NOTICE

 

A MOTION

 

23.  Next, this is a NOTICE NOT a motion.  A motion is a request

 

that the court grant a favor to the party filing the motion.  The

 

filing of a motion constitutes an automatic acknowledgment that

 

the court has jurisdiction over the accused person filing any

 

motion, even a motion challenging jurisdiction. 

 

24.  You do NOT file a motion.  You SERVE the charging entity

 

and you ALSO SERVE the court, a NOTICE, DEMANDING the state

 

prove it has more sovereignty than you do.  And, you do NOT

 

include what you just read in the N&D!!!

 

25.  This SERVING on the Court is a new ploy, initiated for the

 

very first time here in this N&D, its Exhibit “A”, and Certificate of

 

Service.

 

THE FALLACY OF SPECIAL APPEARANCE

 

26.  Next, there are those who think that if they make a "Special

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 36 of 85

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Page 37: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

Appearance" that they are protected.  In order for a Special

 

Appearance to be accorded the person purporting to make the

 

Special Appearance is presumed to recognize the court's authority

 

to allow such appearance and that the court is willing to listen to

 

the arguments, and, for the court to then make a determination

 

as to the validity of the claims presented. 

 

///

 

///

 

27.  This is clearly a recognition of the jurisdiction of the State

 

over the person, with the State acting through the court.  Using

 

this ploy will most certainly negate any Notice and Demand

 

previously served.  NOT a good idea! 

 

28.  I know there are rules that establish that when the purpose

 

Page 6 of  1

 

of the Special Appearance is to challenge jurisdiction, that such

 

appearance does not constitute a recognition of jurisdiction. 

 

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Page 38: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

However, that rule is in regard to a challenge of the jurisdiction of

 

the court, not relevant to our challenge to the political jurisdiction

 

of the STATE! 

 

29.  Additionally, those making the Special Appearance will have

 

had to have filed a motion, and they will be required to state their

 

True Legal Name, for the record.  As I wrote above, this is NOT a

 

good idea!  It is known as, “Shooting yourself in the foot”.

 

30.  As explained by SCOTUS in Exhibit “A”, paragraph 46, and as

 

Constitutionally established in the Federal Thirteenth

 

Amendment, the court, as an entity of the state, can only

 

converse and interact with those who are operating as an artificial

 

entity, under a “True Legal Name” franchise owned by the state,

 

so how can there possibly be any such thing as a "special

 

appearance" by a real live flesh and blood human not presumed

 

to be "appearing" under a True Legal Name?

 

31.  Additionally, still on the issue of “Special Appearance”, why

 

would there be any need to make any manner of personal

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 38 of 85

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Page 39: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

presentation of yourself to an entity that has absolutely no

 

manner or degree of authority over you?  As a politically

 

sovereign individual do you need to plead with the court? To

 

grant you W-H-A-T???

 

THE COURT MUST BE INFORMED

 

OF HAVING NO STANDING

 

32.  Next, when this Notice is served on the Charging Entity AND

 

SERVED on the Court (not merely filed with the court), those on

 

the receiving end (most especially the Court), are immediately

 

informed - NOTIFIED!!  By the word "Notice", that they

 

(especially the Court), are not being requested to consider or

 

make a determination. 

 

33.  They are being presented with a Notice, from a politically

 

equal or politically superior entity, DEMANDING that the Charging

 

Entity present its proof that it has some manner of superior

 

Page 7 of  1

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 39 of 85

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Page 40: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

commanding jurisdiction over the person serving the Demand,

 

acquired by the Wrongly Accused having willingly given up the

 

political independence the Wrongly Accused was born with.

 

34.  And, as is clearly established in my N&D, the charging entity

 

must have available, not merely certified documents from the

 

government’s files, but a real live living eyewitness who will

 

testify in a court of law, under oath, that such eyewitness was

 

personally present and saw and heard you, the Wrongly Accused, 

 

being informed by an on duty Government Official, who informed

 

you that you were born free and politically independent from any

 

manner of government intervention in your life.

 

35.  Additionally, it is asserted by the charging entity, that this

 

eyewitness will testify, that such Government Official further

 

informed you that you were at that moment able to drive your

 

motor vehicle without any manner of government issued driver

 

license; and that you could engage in any manner of livelihood

 

without any manner of government issued license or permit and

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 40 of 85

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Page 41: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

without any obligation to pay any manner of taxation.  And, this

 

eyewitness will further testify, under oath, in a court of law, that

 

this eyewitness heard you acknowledge all the rights you had

 

been thereupon reminded of that you would be relinquishing, and

 

that you none the less eagerly agreed to give them all up in order

 

for you to be subservient to the government.  This argument is

 

supported by Exhibit “A”, paragraphs # 39-45.

 

36.  And, you do NOT present or mention your political status in

 

your N&D!!!  If you were to make such claim then the burden of

 

proof could be determined to shift to you and you could be called

 

upon to prove it.  By your not mentioning it you keep the burden

 

of proof on the charging entity!  You have no need to present

 

your political status!

 

 

 

37.  When the word "Notice" is followed by the word "Demand",

 

the served parties, including the Court, are thereby informed -

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 41 of 85

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Page 42: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

NOTIFIED, that the person serving them is contending that he

 

has been Wrongly Accused because he is asserting that he is not

 

subject to their jurisdiction (no matter that he signed a promise

 

Page 8 of  1

 

to appear), and that if the served entities contend otherwise,

 

those claiming jurisdiction must present their proof that they

 

have properly gained such jurisdiction, through the voluntary and

 

fully informed intentional submission of the challenging Wrongly

 

Accused person, without the charging entity having violated the

 

Federal Thirteenth Amendment and in compliance with Exhibit

 

“A”, ¶46.  AND, neither do you add any of this to the N&D!!!

 

“APPEARING” IN COURT

 

38.  Next, "appearance".  In order to understand why the word

 

"appear" is used in court, consider the meaning of the word,

 

"disappear". 

 

39.  "Disappear" means to suddenly vanish, poof, gone, to be no

 

longer visible, to be no longer present where it was a moment

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 42 of 85

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Page 43: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

ago. 

 

40.  "Appear" means the opposite of "Disappear".  "Appear"

 

means to suddenly materialize,.  For something or someone to

 

suddenly be present where it did not previously exist; to have

 

suddenly materialized and then be visible or at least to be

 

recognized as being present where it previously was not.  

 

MORE ON THE STATE’S

 

TRUE LEGAL NAME

 

ENSLAVEMENT SCAM

 

41.  This is the State’s ploy to work around the Natural inherent

 

barrier preventing the artificial entity State, from directly inter

 

relating with real live humans, acknowledged by the United

 

States Supreme Court Case Citation set forth in Paragraph 46 of

 

Exhibit “A”, wherein the Supreme Court of the United States

 

presented its analysis acknowledging that it is impossible for

 

artificial entities such as governments, to directly interact with

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 43 of 85

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Page 44: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

real live tangible human persons.

 

42.  This Natural inherent barrier “required” those persons

 

wrongly managing government to devise a means whereby the

 

state could “legitimately” require real live Naturally politically

 

independent humans to somehow become subservient to the

 

Page 9 of  1

 

state. 

 

43.  What the State has done in establishing this “True Legal

 

Name” (“TLN”), ploy can not and does not change the fact that as

 

it is an artificial entity the State cannot interact directly with real

 

live tangible persons. 

 

44.  SO those politicians wrongly managing the State devised the

 

ploy of having real live persons represent an artificial persona

 

owned by the state, to be known as a “True Legal Name” ( “TLN”)

 

by having the real live person “represent himself”, by having the

 

TLN “appear” through the representation of the real live human.

 

 

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Page 45: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

45.  Consider "appear" together with "represent" and or

 

"represent yourself".  In order for an entity to be in a condition of

 

"representing", there must be at least two entities involved.

 

46.  When you “represent yourself”, the two entities involved are

 

your physical human entity representing and speaking for the

 

artificial persona “True Legal name” that gas no ability to speak

 

for itself, created for you by the State at your request because

 

you had been fraudulently indoctrinated by the State to believe

 

you were applying for a driver license.

 

47.  When a defendant is represented by an attorney everyone

 

presumes the  two entities involved are the attorney and the

 

defendant.  In truth, however, there are four entities involved.

 

///

 

///

 

48.  This quadrangle is comprised of the two real live flesh and

 

blood human beings (the attorney and the client), and the two

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 45 of 85

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Page 46: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

artificial personas (being the two “True Legal Names”), assumed

 

by the spirits living in those two physical human beings bodies. 

 

49.  It is important here to understand that these two artificial

 

personas are “appearing” in the Court as franchisees using “True

 

Legal Names”, owned by the State, that such “names” were not

 

part of the physical entities as created by Nature.

 

Page 10 of  1

 

50.  These artificial personas are the "True Legal Name"

 

franchises assigned by the State to the physical bodies when the

 

physical bodies had been fraudulently indoctrinated to believe

 

they were simply applying for a driver license.  The DL applicant

 

was first, unknowingly, (through the presentation of the birth

 

certificate), “voluntarily” applying to the State, requesting that

 

the State grant the human bodies a franchise license to use

 

names entered on birth certificates, where, unknown and

 

unrevealed to the DL applicants, the names on the birth

 

certificates had previously become owned by the state under the

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Page 47: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

state's abandoned property statutes.

 

NO PAYTRI-IDIOT

 

NONSCENSE HERE

 

51.  I want it clearly understood that the foregoing explanation

 

has nothing what-so-ever to do with the Paytri-Idiocy claiming

 

that the entry of the name on BCs by parents causes the baby

 

referenced therein to become the property of the state.  Nothing

 

could be further from the truth.

 

52.  And neither is there any truth in the Paytri-Idiot contention

 

that birth certificates are bundled and sold to investors.

 

REPRESENTING YOURSELF

 

53.  The above explanation of how names become "True Legal

 

Names" in conjunction with "representing yourself" comes as a

 

result of careful analysis of the required presentation of a BC to

 

the state, whereby the state acquires standing to issue or require

 

the possession of a driver license.

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 47 of 85

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Page 48: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

 

54.  Hollywood movie actor Richard Gere "appears" as Lancelot in

 

the movie, First Knight.  I highly recommend everyone watch the

 

first five minutes of that movie, formerly posted on my Yahoo

 

Group as conversation #312, but apparently removed by those

 

who are afraid of the truth.

 

ABANDONED PROPERTY STATUTES

 

ENABLE STATE NAME OWNERSHIP

 

55.  It is important here to understand that there is no

 

Page 11 of  1

 

information on any BC that can be used to connect any BC to any

 

particular person.  No human ever born has the ability to have

 

personal knowledge as to where or when they were born or who

 

their own mother was.  No one can properly, lawfully or legally

 

claim any ownership interest in the birth certificate that was

 

created to record their birth, and neither can they properly legally

 

or lawfully claim any ownership interest of the name entered

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 48 of 85

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thereon. (That is, unless the statutes of their state allow a

 

reclaiming of abandoned property and the state's procedures are

 

followed).

 

 

 

56.  The child had absolutely nothing to do with the selection of

 

the name, or the entry thereof on any birth certificate, or of the

 

filing of that document with the government.

 

57.  Every state has a statute regarding the disposition of

 

abandoned property.  In Arkansas where I live it is under Title

 

18, Chapter 28, Section 202.  Under Section 202 Arkansas

 

becomes the owner of all property deemed to have been

 

abandoned, not specified in previous sections, five years after

 

such property was last contacted by its last known (or unknown)

 

owner.  Because of this, Arkansas becomes the owner of all

 

names five years after the filing of the birth certificates. 

 

58.  Every state has similar abandoned property statutes. 

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 49 of 85

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Page 50: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

Therefore it is impossible for anyone to properly claim ownership

 

of the name entered on any birth certificate (see exception noted

 

above in ¶ 55). 

 

59.  This is not a significant problem, however the knowledge

 

hereof makes it easier to understand how the states use the birth

 

certificate, True Legal Name driver license scam to fraudulently

 

gain dominion over those who unknowingly and unintentionally

 

volunteer themselves into this subservience scam.

 

 

 

60.  Anyone can use a name seemingly identical to the name

 

entered on "their" birth certificate, without causing them to

 

become subservient to the state.  Simply stop claiming the name

 

they use was derived from a birth certificate. 

 

Page 12 of  1

 

61.  This can reasonably be established because you did not

 

become attached to your name because it was written on a paper

 

document that you had nothing to do with and did not understand

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 50 of 85

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Page 51: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

and could not read.

 

HOW YOU ACTUALLY

 

ACQUIRED YOUR NAME

 

62.  You became attached to your name by the utterance thereof

 

by your mother and father.  They used their human voices to

 

orally utter a special sound that became your name.  You learned

 

it and it became attached to you by your hearing it through your

 

ears.  It became your property through a Natural process that

 

had absolutely nothing to do with any birth certificate.  So stop

 

claiming the birth certificate as your source!

 

THE LAW OF NECESSITY

 

63.  Additionally, the Law of Necessity can allow anyone to use a

 

driver license for identification purposes and a Social Security

 

Number to maintain employment and a bank account, and still

 

not be operating under any franchise license issued by the state. 

 

I determined this by applying the dicta written by the Supreme

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 51 of 85

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Court of the United States in a case named, Holy Trinity Church

 

vs, United States, 143 U.S. 457, 12 S.Ct. 511, 36 L.Ed. 226. 

 

However, such DL must not be presented to a police officer

 

during a traffic stop, except for identification purposes.  It would

 

be much better to convert that DL into a state issued ID card,

 

however that too has inherent problems with vehicle insurance

 

and in some states, vehicle registration.  So, depending on your

 

individual preference and ability to talk in a friendly manner to

 

police officers, you determine which document would best serve

 

your needs.

 

BIRTH CERTIFICATE SCAM PROVED

 

BY ADMIT OR DENY DISCOVERY

 

64.  During a no driver license prosecution of me in Arkansas in

 

2009, I served the state governor, attorney general, a state

 

senator and representative, with Admit or Deny documents (the

 

one served on the governor is posted on my public access Yahoo

 

Page 13 of  1

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 52 of 85

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Group as conversation #377), which the rules of court required

 

him to respond to within thirty days, or everything asserted

 

therein would be deemed admitted by him. 

 

65.  The governor did not respond until sixty days had passed,

 

causing everything therein to be deemed admitted as correct,

 

under the Arkansas Rules of Civil Procedure. 

 

66.  (The Governor did not ever respond to deny anything

 

asserted.  Instead he filed a motion to quash, which was granted

 

by a judge who was presiding over hearings conducted under two

 

arrest warrants that had expired three years before I was

 

arrested, causing her rulings to be void, due to fraudulent illegal

 

prosecution and, more significantly, because of the fact that the

 

Governor’s motion to quash was not filed timely, and was not

 

properly legally founded.

 

67.  This case against me was dismissed but the dismissal was

 

not based on my serving a N&D, but was based on Arkansas state

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 53 of 85

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Page 54: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

law that invalidates anything done under an expired arrest

 

warrant.)

 

 

 

68.  The case was dismissed when I filed with the Arkansas

 

District Court, a Demand to be accorded a trial by jury, the first

 

time any such trial had ever been granted in Arkansas in regard

 

to a traffic citation.  The case was transferred to the Arkansas

 

Circuit Court, and dismissed when I brought the expired arrest

 

warrants to the attention of the circuit court judge.  But the

 

Admissions of Governor Beebe (and the three additional Arkansas

 

politicians mentioned herein above), are none-the-less, deemed

 

admitted and therefore, valid.

 

 

 

69.  If you do not understand the irrefutable self-evident facts set

 

forth herein in regard to your inability to have any personal

 

knowledge as to the facts of your birth, then you need to do

 

some very serious thinking!!!  And be ready to explain how you

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 54 of 85

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Page 55: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

came to such personal knowledge.  There is a considerable

 

difference between strong belief and actual personal knowledge.

 

Personal knowledge can only be acquired when a person is an

 

Page 14 of  1

 

eyewitness to an event and has the cognitive ability to take

 

cognitive notice of the event as it occurs.  Acquiring information

 

by your parents telling you, does NOT constitute personal

 

knowledge - it is legally known as hearsay. 

 

BACK TO THE ISSUE OF ARTIFICIAL PERSONAS,

 

APPEARING AND REPRESENTATION

 

70.  Because these artificial personas ("True Legal Names"), are

 

not physical entities, they are unable to speak for themselves, so

 

the flesh and blood entities must speak for them, must represent

 

them in court, enabling them to "appear".

 

 

 

71.  This is not readily apparent or easily understood when an

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 55 of 85

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Page 56: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

accused is represented by an attorney, but is more easily

 

understood when an accused is purported to "represent himself"

 

in court.

 

 

 

72.  Because the artificial persona cannot speak for itself, the

 

flesh and blood must be present to speak for the artificial

 

persona.  When the case is called, and the flesh and blood entity

 

comes forward and states his "True Legal Name" for the record,

 

such being the artificial persona, the artificial persona then

 

suddenly "appears" before the court, thereby causing two entities

 

to be present with the real live flesh and blood entity being

 

physically present to speak for and represent the artificial

 

persona that does not physically exist. (It does exist, and is NOT

 

fictional, but artificial).

 

 

 

73.  Think of Walmart.  You have never ever actually gone to

 

Walmart.  You think you have but you have not.  Walmart is a

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 56 of 85

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Page 57: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

corporation.  Walmart does not physically exist.  Walmart exists

 

only in the corporate papers which created Walmart as an

 

artificial persona.  Where you have gone many times is to stores

 

owned by the Walmart corporation.

 

 

 

THE ERROR INHERENT IN

 

DESIGNATION AS DEFENDANT

 

74.  Next is "defendant".  When you designate yourself as a

 

"defendant" in papers you serve or file, no matter what you might

 

Page 15 of  1

 

present in the body of those papers, your designation of yourself

 

as "defendant" constitutes your acknowledgment that your

 

political status is such that properly allows you to be charged by

 

the plaintiff, and that in order for the charges to be dismissed,

 

you have acknowledged that you must present mitigating

 

information of some manner, to be evaluated by the court, for

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 57 of 85

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Page 58: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

the court to determine whether or not the trial should go forward

 

against you. 

 

75.  Thereby you have acknowledged the jurisdiction of the court,

 

which is an entity of the state, so you have thereby likewise

 

acknowledged the jurisdiction of the state, over you. 

 

76.  All of this is covered in my Notice and Demand as written. 

 

Do NOT change the content or wording or present yourself in

 

their court after serving it because if you do, you will lose!

 

 

 

77.  An accused who contends that he is not subject to any

 

manner of jurisdiction of the charging entity, must not shoot

 

himself in the foot by designating himself as a defendant, no

 

matter that the charging entity and the court designate the

 

accused as being a defendant.

 

 

 

78.  When an accused contends he is not subject to any manner

 

of jurisdiction of the charging entity, the accused must properly

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 58 of 85

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Page 59: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

designate himself as "Wrongly Accused", or even better, as

 

"Wrongly Accused Belligerent Litigant".  Read what Federal Judge

 

Fee stated in United States v. Johnson, 76 F. Supp. 538, 539 (D.

 

Pa. 1947):

 

"The privilege against self-incrimination is neither accorded

 

to the passive resistant, nor to the person who is ignorant of

 

his rights, nor to one indifferent thereto. It is a FIGHTING

 

clause. It's benefits can be retained only by sustained

 

COMBAT. It cannot be claimed by attorney or solicitor. It is

 

valid only when insisted upon by a BELLIGERENT claimant in

 

person. The one who is persuaded by honeyed words or

 

moral suasion to testify or produce documents rather than

 

make a last ditch stand, simply loses the protection. . . . He

 

Page 16 of  1

 

must refuse to answer or produce, and test the matter in

 

contempt proceedings, or by habeas corpus. McAlister vs.

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 59 of 85

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Page 60: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671;

 

Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813;

 

Orum vs. State, 38 Ohio App. 171, 175"

 

79.  Although Judge Fee's comment is specific to self-

 

incrimination, it applies to every instance where your rights are

 

an issue.  Your rights belong to you, they are an integral part of

 

you, they cannot be asserted by anyone on your behalf. 

 

80.  Can you imagine that any attorney you hired would stand up

 

to the judge and insist that the government (or whomever the

 

plaintiff might be) does not have standing to proceed against you

 

until it presents proof that you agreed to submit yourself to these

 

proceedings?  And must be attested to in court, by a living

 

eyewitness?

 

POLITICAL JURISDICTION

 

81.  Next, Political jurisdiction,  What is political jurisdiction

 

("PJ")?  Everything that occurs under any level of government,

 

where the government is involved, is political. 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 60 of 85

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Page 61: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

82.  In conformance with Natural Law, governments only operate

 

over real live humans through some manner of voluntary

 

submission; as declared by SCOTUS in 1795, as presented in

 

Exhibit “A”, as Case Citation ¶46, and as embodied in the Federal

 

CONstitution, in the Thirteenth Amendment thereto. 

 

THE TWO STYLES OF JURISDICTION

 

83.  In order for the government to be able to have and exercise

 

controlling authority over any individual human, the government

 

must first entice each individual to volunteer himself into

 

submission, known as jurisdiction, I characterize this as political

 

jurisdiction or civil contract jurisdiction, depending on the

 

circumstances.

 

 

 

84.  For all practical purposes the two jurisdictions are the same,

 

they both have the exact same effect on the individual’s degree

 

Page 17 of  1

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 61 of 85

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Page 62: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

of submission, being total and complete.  However, when dealing

 

with the opposition in legal matters it can be critically important

 

to mention the specific style of jurisdiction that is applicable and

 

if that is difficult to determine, then mention both!

 

CITIZENSHIP JURISDICTION

 

85.  Those who volunteer themselves into political jurisdiction are

 

deemed to be "citizens".  It took me some time to weed out all

 

the nonsense in regard to how United States citizenship is

 

acquired, but when I did I came to understand that the one and

 

only way a real live person born on the land area claimed by the

 

government of the United States to be under its political

 

jurisdiction, is through the voluntary claiming act of each

 

individual.

 

86.  This determination is supported by both the 13th and 14th

 

Amendments, and in Exhibit “A” Case Cite ¶ 46.

 

87.  "Citizenship" is clearly NOT acquired through birth, or under

 

the Fourteenth Amendment or through a driver license

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 62 of 85

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Page 63: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

application, Social Security application, the use of Federal

 

Reserve Notes or any other means deemed by Paytri-Idiots to be

 

"adhesion contracts". 

 

88.  There is no such thing as an unrevealed adhesion contract. 

 

In order for anyone to be held accountable to a contract, the

 

person must have been informed or at least given the opportunity

 

to become informed and consciously knowingly declined to be

 

informed while still agreeing to the contract.

 

 

 

89.  According to the rules established by government, the terms

 

of any and all contracts must be fully disclosed or the contract is

 

either void or non existent.

 

 

 

90.  The Notice and Demand that I designed requires the

 

charging entity to present its proof, from its files existing at the

 

time and date that the charges were lodged against the Wrongly

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 63 of 85

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Accused (when the citation was issued, NOT at the later time and

 

date when a complaint was filed with the court and the

 

Page 18 of  1

 

arraignment date was set or thereafter, when the N&D is served

 

and filed by the Wrongly Accused), that the charging entity had

 

gained political jurisdiction over the Wrongly Accused in full

 

compliance with the prohibition of involuntary servitude

 

recognized and established in the Federal Thirteenth Amendment. 

 

91.  AND, that any documentary evidence presented by the

 

opposition MUST and will be substantiated by the oral testimony

 

of a living eyewitness who will testify in a court of law, that the

 

eyewitness was present and observed a government official

 

inform the Wrongly Accused of what the Wrongly Accused would

 

be giving up and surrendering himself into, and that having been

 

thus informed, that the Wrongly Accused still went ahead and

 

volunteered himself into either political or contractual servitude to

 

the government.

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 64 of 85

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Page 65: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

 

 

92.  Which brings me to "civil contract" jurisdiction.  This is

 

presented in considerable detail herein below, but for the

 

moment, "civil contract" jurisdiction is acquired by the state when

 

a free born person "voluntarily" presents a birth certificate to (he

 

thinks), be issued a driver license.  However, before the state has

 

standing to issue or require anyone to apply for or possess a

 

driver license, the state must first, through some means, entice

 

the free born person to volunteer himself into some manner of

 

subservience to the state.  This is self-evident due to the

 

prohibition of involuntary servitude of the Federal Thirteenth

 

Amendment, and the 1795 writing of the SCOTUS presented in

 

Exhibit “A”, Item # 46.

 

 

 

93.  When the driver license applicant presents a birth certificate 

 

( which is NOT his property), to be issued a DL, the very first

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 65 of 85

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Page 66: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

unknown and unrevealed  event during that "official ceremony" is

 

the granting of a franchise license to the applicant, for the

 

applicant to thereafter use that state owned name as the

 

applicant's "True Legal Name".

 

 

 

94.  Thereafter, anytime the person engages in any activity under

 

that state owned name, the person will be required to conform to

 

CIVIL CONTRACT JURISDICTION

 

Page 19 of  1

 

any rules enacted by the state in regard to that activity, such as

 

paying income tax, getting married with a license and or

 

"educating" or inoculating their children, among one or two other

 

government regulated activities.

 

 

 

95.  As mentioned above, the Notice and Demand that I designed

 

requires the charging entity to present its proof, from its files

 

existing at the time and date that the charges were lodged

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 66 of 85

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against the Wrongly Accused (when the citation was issued, NOT

 

at the later time and date when a complaint was filed with the

 

court and the arraignment date was set or thereafter, when the

 

N&D is served and filed by the Wrongly Accused), that the

 

charging entity had gained civil contract jurisdiction over the

 

Wrongly Accused in full compliance with the prohibition of

 

involuntary servitude recognized and established in the Federal

 

Thirteenth Amendment, with a living eyewitness to testify

 

thereto.

 

///

 

///

 

96.  Next, the outcome.  Please understand that the governments

 

of this society have a very serious problem.  The citizens of this

 

country have demanded more and more perks to be provided by

 

the government, all of these are very expensive. 

 

97.  The governments (plural),  must through some means raise

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 67 of 85

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Page 68: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

or acquire the money to pay for all these ever increasing perks,

 

not to overlook the ever increasing numbers of persons receiving

 

these expensive perks.

 

 

 

98.  The governments have implemented taxation on everything

 

realistically possible, and raised these taxes to the maximum that

 

will be tolerated.  The Federal Government has utilized its option

 

of creating money out of thin air to the point that such inflation

 

has caused the current dollar to have less purchasing power than

 

S&H Green Stamps.

 

 

 

99. State governments do not have that option and have devised

 

the fraudulent birth certificate driver license True Legal Name

 

THE OUTCOME

 

Page 20 of  1

 

scam to bring all those who have been too busy to pay attention,

 

under the political and or civil contract jurisdiction of the state

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 68 of 85

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governments.

 

 

 

100.  There is no doubt or question that what these governments

 

have been and are doing is totally fraudulent, but the

 

governments have been doing this for so long that their scam has

 

been incorporated into our society to such an extent that we can't

 

hardly function without claiming a birth certificate in order to be

 

issued a driver license for identification purposes, and Social

 

Security Numbers in order to be employed and or open bank

 

accounts (not to overlook, paying income taxes).

 

 

 

101.  If any significant percentage of our population were to

 

understand what I have written here, and utilize the Notice and

 

Demand that I have devised, the financial impact on the

 

government would be devastating.

 

 

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 69 of 85

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102.  Because of the irrefutable self-evident facts that I have

 

presented herein, the possibility of any charging entity

 

responding to present any manner of proof of its jurisdiction over

 

any Wrongly Accused is highly unlikely.  Anything the prosecution

 

or opposition might present will only be on the record because of

 

the government's fraud in inducing everyone into some manner

 

of subservience. 

 

103.  There is no statute of limitation in regard to fraud.  And, the

 

requirement that the government bring forward a living

 

eyewitness to testify as to the voluntary act of the Wrongly

 

Accused, will be totally impossible as there was no such fully

 

informed voluntary act and there cannot possibly be a real live

 

eyewitness to testify thereto.

 

104.  That is, there is no possibility what-so-ever that the

 

government can ever establish any manner of jurisdiction over

 

the Wrongly Accused.  Because of this the government, the

 

charging entity and the court, will drop the matter, just let it die. 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 70 of 85

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There is no possibility that the court is going to make an official

 

ruling against the government in favor of the Wrongly Accused!

 

Page 21 of  1

 

105.  I first applied this jurisdictional attack in Federal Court in

 

1970, where the IRS had charged me with criminal intent to fail

 

to file or pay income tax.  I walked out of that court in less than

 

five minutes and have never ever been bothered by the IRS

 

since, and neither have I ever filed or paid.

 

 

 

106.  However, that Federal Court did not give me a clear win,

 

the court did not enter a ruling on my behalf, not on your life! 

 

That court informed me that it was taking the matter under

 

consideration and I would be notified.  That was forty-five years

 

ago and I am still waiting.

 

 

 

107.  If any of the Paytri-Idiot adhesion contracts or Fourteenth

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 71 of 85

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Page 72: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

Amendment citizenship by birth certificate issues were actually

 

true, then why did the Federal Judge in the IRS prosecution of me

 

not apply them to me and convict me and sent me to prison for

 

several years, as they did my partner in the 1969 income tax

 

rebellion which resulted in our prosecution by the IRS.

 

 

 

108.  My partner was convicted and spent several years in

 

Federal prison because he went to court represented by an

 

attorney.

 

109.  I was the out front leader of that income tax rebellion.  I

 

gave hundreds of presentations to thousands of attendants at

 

meetings all over Southern California and wrote many articles

 

against the income tax which were widely published. 

 

110.  My partner did not give even one presentation and neither

 

did he write even one article against the income tax.  He was the

 

financial backer.  I was the one the IRS really wanted to send to

 

prison, but they could not establish any manner of jurisdiction

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 72 of 85

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over me.

 

111.  But, please understand, that Federal Court judge did NOT

 

give me a declared win over the IRS!

 

 

 

112.  These are issues where the government cannot win and

 

Page 22 of  1

 

dares not lose.  Although it is clear that I totally defeated the IRS

 

in that 1970 incident, no one can use that case as a case citation,

 

because, technically, that case is still pending.

 

 

 

113.  There have been many members of my group who have

 

used the generic IRS letters, (now posted on my new Private,

 

member only Yahoo Group), to rid themselves of the IRS.  Many

 

of them are drawing Social Security and other government

 

financial benefits, but are no longer hassled by the IRS in regard

 

to income tax filing or paying.

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 73 of 85

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Page 74: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

 

114.  There is a current case in Florida where Terry is being

 

prosecuted for filing fraudulent charges against government

 

officials.

 

///

 

///

 

115.  As I understand this case, Terry had been the foreman of a

 

statutorily created Grand Jury where the government prosecutor

 

kept interfering with investigations initiated by the Grand Jury

 

instead of having been initiated by the government prosecutor. 

 

Because of this prosecutor interference, Terry disbanded the

 

government created Grand Jury and Terry then purported to

 

create his own Grand Jury under the Florida Constitution which

 

proclaims that all power is inherent in the people.

 

 

 

116.  This self proclaimed Grand Jury then proceeded to file

 

charges with the county authorities against several government

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 74 of 85

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Page 75: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

officials.  As the ring leader Terry was arrested and charged with

 

from 9 to 12 charges of making false charges, each one with a

 

maximum penalty of five years in prison.

 

 

 

117.  Terry has been counseled by certain men in Florida, and

 

advised to file a Notice and Demand that I created especially for

 

Terry, in which was included the statement that Terry would not

 

present himself in court unless and until the State of Florida

 

presented facts to prove it had properly gained some manner of

 

jurisdiction over Terry, in full conformance with the Federal

 

Thirteenth Amendment.

 

 

 

Page 23 of  1

 

118.  Terry has refused to file this and is insisting that he wants

 

to go to court, to have a trial by jury, so that he can be

 

exonerated of all these "phony" charges.

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 75 of 85

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Page 76: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

 

119.  This is not a trial limited to Terry, this is a trial brought

 

forward because of Terry's self created Common Law Grand Jury. 

 

There was a hearing on December 12th, last, in which the judge

 

determined that Terry was competent to "represent himself" in a

 

trial that was at that time set to be held on February 9th.

 

120.  After that his 12/12/14 hearing Terry did then serve and

 

filed a version of my N&D that he had modified, without

 

consulting with me, taking out the paragraphs informing the court

 

that he would not be appearing at any event set by the court

 

unless and until STATE OF FLORIDA presented proof of its

 

jurisdiction over Terry that Terry could not refute.

 

121.  After serving and filing that now totally ineffective N&D,

 

Terry then filed a MOTION, requesting a 90 day continuance of

 

the trial date for the purpose of deposing witnesses.

 

122.  The Florida court gleefully (I am sure), granted Terry’s 90

 

day continuance request, denied his N&D, characterizing it as a

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 76 of 85

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Page 77: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

motion, and also denied Terry’s request to depose witnesses.

 

123.  The last I had heard about Terry, was that he had hired an

 

attorney, who demanded a $10,000.00 retainer, and that it was

 

expected that this attorney would negotiate a plea bargain where

 

Terry would be placed on extended probation and ordered to pay

 

a substantial fine.

 

124.   To me this prosecution of Terry has been and is a clear

 

move against the Common Law Grand Jury Movement now so

 

active throughout this country.

 

 

 

125.  There are those who hope to work out some manner of

 

protocol wherein the government would support the creation of

 

Common Law Grand Juries by those who style themselves as

 

being the People of Florida.  The argument of those advocating

 

such Grand Juries is that such is necessary to straighten out the

 

Page 24 of  1

 

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Page 78: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

fraudulent system which caused and allowed Terry to be charged

 

when all Terry was doing was what he should have done, bring

 

facts indicating corruption to the attention of the Florida

 

authorities.

 

 

 

126.  I consider their Grand Jury endeavor to be more than

 

totally hopeless.  The manner in which this prosecution of Terry

 

has proceeded thus far:  Terry being arrested in court for failing

 

to appear in court because, when the case was called, instead of

 

answering with the commonly accepted response (indicating he

 

was appearing there under his "True Legal Name"), Terry instead

 

said that he was there to respond in regard to that matter (or

 

some similar Paytri-Idiot words), whereupon the judge ordered

 

Terry arrested, for failing to appear, causing Terry to remain in

 

jail for twenty-one days, until he was brought back before the

 

court and then released on his posting of a substantial bond.

 

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 78 of 85

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Page 79: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

127.  Terry has characterized himself as (1) a defendant and (2)

 

is appearing and (3) is representing himself.  Three strikes and

 

you are OUT!

 

 

 

128.  Terry’s friends are incensed at the Florida Judge for

 

arresting Terry for failing to appear when Terry was in fact

 

physically present in the court.  What his friends fail to

 

understand is the impossibility of the court interacting with Terry

 

unless Terry “appeared” in that court as an artificial persona,

 

“acting” under a “True Legal Name”.

 

129.  I agree that the judge acted wrongly in having Terry

 

arrested and held in jail for 21 days.  As Terry had not presented

 

himself properly under a TLN, the judge had no standing to have

 

Terry arrested and held in jail.  It seems that this judge had not

 

been well schooled as most judges have, in how to handle a

 

Paytri-Idiot such as Terry.  What the judge should have done is

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 79 of 85

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Page 80: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

have Terry thrown out of the courtroom as a trespasser.

 

130.  To expect that the authorities of Florida are going to agree

 

to establish any manner of protocol allowing and recognizing

 

indictment authority to be exercised by Grand Juries formulated

 

Page 25 of  1

 

by those who claim to be of the People of Florida, could not be

 

more unrealistic.

 

 

 

131.  I strongly contend that the one and only way that any such

 

Grand Juries could be created in Florida, or anywhere, would be

 

by those concerned about the corruption who want to be able to

 

create Grand Juries outside of the corrupted government, where

 

such grand Juries will be required to be recognized by the

 

authorities, that these concerned People must strive to have an

 

initiative placed on the ballot, and voted upon by the citizens of

 

Florida and or other states.

 

///

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 80 of 85

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Page 81: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

///

 

132.  I contend that the expected conviction of Terry, that the

 

manner in which the charges were brought, have enabled this

 

issue to be widely addressed by the media in Florida and

 

elsewhere in this country.  I contend that those citizens of

 

Florida, who have no inkling of what I have presented in this

 

instant essay, would be outraged at the way Terry has been

 

persecuted by the Florida authorities, and that such outrage could

 

be used to gain sufficient support for such an initiative to be

 

passed by the Florida electorate.

 

 

 

133.  I think the weak point in the argument of those advocating

 

such a Grand Jury creation is in their insistence of the invocation

 

of the Common Law.  There is no such thing as a determined

 

Common Law.  The Common Law is unwritten.  Its

 

"interpretation" is totally up to each individual man or woman,

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 81 of 85

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formed and enforced in their local communities by their

 

agreement as to what should be tolerated or forbidden on a

 

moment by moment basis.

 

 

 

134.  This is not necessarily bad, because the views of morality in

 

any given community are fairly well developed in each such

 

community, however the moral views of what would be tolerated

 

in San Francisco, California and Key West Florida will be

 

diametrically opposed to what would be tolerated in Atlanta,

 

Georgia or Yellville, Arkansas.

 

 

 

Page 26 of  1

 

135.  This divergence of what constitutes common law will be

 

used against those of Florida attempting to root out government

 

corruption, to root out what is considered corruption that would

 

not be tolerated in either San Francisco or Atlanta, but the

 

powers that be are not interested in where agreement might be

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Page 83: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

the norm, they will only be interested in emphasizing the aspects

 

of the common law that will offend the common voters.

 

 

 

136.  Common law is supposed to be applied by every jury in

 

every court in this country, as it was in the beginning and as it

 

was during the Lincoln's unconstitutional undeclared war of

 

aggression against the South.  Where white people who were

 

charged with harboring escaped black slaves were exonerated by

 

white juries who refused to enforce the laws that had clearly been

 

violated by these white protectors of escaped black slaves. 

 

137.  The actions of these juries was clearly an invocation of the

 

common law, whether or not those populating such juries realized

 

it or not.  Their intention was to render justice, based on the facts

 

presented, however that application of the common law has been

 

totally destroyed in this country.

 

138.  Another issue - I have added the following paragraphs in

 

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 83 of 85

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Page 84: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

my Notice and Demand:

 

139.  As paragraph 35.  Let STATE OF NORTH DAKOTA and this

 

Honorable Court be hereby further advised,  I, Donald Sandburg,

 

freely acknowledge that the charging entity, STATE OF NORTH

 

DAKOTA has a serious dilemma, as there is no possible way that

 

STATE OF NORTH DAKOTA can present proof that it has properly

 

gained any manner of jurisdiction over this Wrongly Accused, and

 

at the same time, that if STATE OF NORTH DAKOTA responds

 

with the information that it does purport to have, STATE OF

 

NORTH DAKOTA knows that I will eviscerate any such

 

presentation due to the self-evident fraudulent procurement

 

thereof by STATE OF NORTH DAKOTA, thereby totally

 

embarrassing STATE OF NORTH DAKOTA.

 

140.  As paragraph 36.  Therefore, let it be hereby acknowledged

 

Page 27 of  1

 

by this Wrongly Accused, that as STATE OF NORTH DAKOTA is in

 

a situation that it cannot win and dares not lose, this Wrongly

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 84 of 85

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Page 85: Challenge to State of Maine’ s Political or Contractual Jurisdiction (Legal Form)

 

Accused agrees that this case is not to be used as a precedent by

 

any other person challenging the Political or civil jurisdiction of

 

STATE OF NORTH DAKOTA. That their case must stand or fall on

 

its own merits.

 

Cheers,

 

 

 

I am Eric Williams, The Radical In The Twilight Zone

CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 85 of 85

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