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Objection to the Jurisdiction of the Court - Page 1 of 12
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ALASKA
Gordon Warren EpperlyP.O. Box 34358Juneau, Alaska 99803
Tel: (907) 789-5659
Gordon Warren Epperly, )and )
Esther Katherine Epperly, ) Case No. 1:17-cv-00008-SLG)
Plaintiffs, ) Honorable Judge SHARON L. GLEASON)
vs. )) Objection
Robin Potter, ) to theand ) Jurisdiction of the Court
Bud C. Cribley, )Defendants. )
==============================================================
COMES NOW the Plaintiff, Gordon Warren Epperly, appearing “In Propria Persona” and
appearing in his capacity of “Coverture” by marriage to his wife, Esther Katherine Epperly
hereby comes before the “Court” to “Object to the Jurisdiction of the Court.”
At of the time of writing of this paper, there has been no ruling on "Court Jurisdiction” and
as the “Plaintiffs” are “Barred” to file their papers in their “Court” of the “Alaska State
Superior Court,” the “Plaintiffs” are filing their papers “under duress” in what appears to be
a “Military Tribunal of Martial Law” of the “U.S. District Court For The District Of Alaska.”
Objection to the Jurisdiction of the Court - Page 2 of 12
Located within the “Courtroom” of the “United States District Court” at “Juneau, Alaska”
we find a “flag” that is adorn with “tassels” at the top of the pole and a “golden fringe”
attached to three sides of the “flag.” This is most disturbing for that “flag” informs
the Plaintiffs, “Gordon Warren Epperly” and his wife, “Esther Katherine Epperly” that
the “U.S. District Court for the District of Alaska” is not exercising “Judicial Powers” of
a “U.S. Constitution, Article III. Section 2. Clause 1 Judicial Court,” but have been thrusted
into the “foreign jurisdiction” of an “U.S. Constitution, Article III, Clause 1, Section 1”
“inferior Court” to the “U.S. Supreme Court” that has been granted authority to execute
“Martial Law Rule” of a “Military Tribunal” (which appears to have been adopted by
the “U.S. Congress” under the authority of “U.S. Constitution, Article I, Clause 8,
Sections 11, 14, and 15”) upon “citizens of the United States.” Enclosed as “Exhibit ‘A’”
is “Plaintiffs” understanding of the “flag” as used for our “Nation” and within
its “Federal Courts.”
Please keep in mind that the “U.S. Congress” declared within “Section 2” of the “Act”
of “March 9, 1933” that a “rule of necessity” existed and that the “citizens of
the United States” have now been declared to be “enemies” of the “Nation” /1
which [purportedly] invokes the jurisdiction of “Military Tribunals” within
1/ see “12 USC 95(b)” which refers to the authority granted in the “Act” of “October 6, 1917”(a/k/a “The Trading with the Enemy Act” or “War Powers Act”) which was "An Act to define, regulate,and punish trading with the enemy, and for other purposes." This “Act” originally excluded “citizens ofthe United States,” but in the “Act” of “March 9, 1933” at “Section 2” amended this to include "any personwithin the United States or any place subject to the jurisdiction thereof." It was here thatevery “American citizen,” literally, became an “enemy” to the “United States” government underdeclaration.
Objection to the Jurisdiction of the Court - Page 3 of 12
“U.S. District Courts,” a “foreign jurisdiction” to which the “Plaintiffs” hereby “Objects” and
does not accept.
The issues that are brought before the “Courts” are the “Rights,” “Privileges,”
and “Immunities” that have been bestowed upon the Plaintiff, “Esther Katherine Epperly”
by the “U.S. Congress” as the “heir” and / or the “assignee” of the “Claimant” in the use
of the “land” and “appurtenances” thereunto as provided for by “United States
Land Patent No. 1188129,” and the “Alaska State Constitution,”
and the “Alaska Statehood Act,” and the numerous “Public Laws” of the “United States.”
On or about August 14th, 2017, “Bryan Schroder” (acting as “Assistant U.S. Attorney”)
did remove the Plaintiff’s “Cause of Action” (“Complaint”) from the “Alaska State
Superior Court” and moved it into the “Military Tribunal” of the “U.S. District Court for
the District of Alaska.” The authority for the move was pretext upon “28 U.S.C. 1442”
and “28 U.S.C. 1446” in that the Defendant, “Bud C. Cribley” was a “federal employee”
who was acting within the scope of his employment.
It is asserted by Attorney “Bryan Schroder” that his “Client” was acting within the scope
of his employment when he dismissed “Epperly’s Administrative Complaint” from
the record of the “United States Bureau of Land Management.” The “Plaintiffs” have
taken exception as the “U.S. Secretary of Interior” never delegated
“Investigatory” authority to “State Directors” of the “U.S. Bureau of Land Management”
to review “Complaints” (a position of employment which is held by Defendant,
Objection to the Jurisdiction of the Court - Page 4 of 12
“Bud C. Cribley”), and as the “Defendant” was not involved in “… the apprehension
or punishment of criminals or the collection of the revenue” as required
by 28 U.S.C. 1442(a)(1) at the time he dismissed the “Administrative Complaint” of
the “Epperlys,” leaves Attorney, “Bryan Schroder” with no authority to remove
the “Complaint” of the “Plaintiffs” from the “docket” of the “Alaska State Superior Court.”
The “Plaintiffs” must remind everyone that it is with the “Attorney” who removed
the Plaintiff’s “Complaint” from the “docket” of the “Alaska State Superior Court” that has
the “burden of proof” of “Jurisdiction.”
Now comes Assistant Municipal Attorney “Robert H. Palmer, III” riding into the “Court” on
the “Coattails” of Attorney, “Bryan Schroder” in representing his Client, “Robin Potter”
(as the “Assessor” for the “City and Borough of Juneau” at “Juneau, Alaska”).
Attorney “Robert H. Palmer, III” did enter into a “conspiracy” to exercise
“fraud by deception” upon the “Plaintiffs” by altering (converting) the lawful
“Christian Names” of the “Plaintiffs” and “Defendants” of the Plaintiff’s “Complaint”
into “Legal Fictions” for the purpose of invoking a “foreign jurisdiction”
of “Martial Law Rule” of a “Military Tribunal” of the “U.S. District Court for
the District of Alaska.”
On or about August 24, 2017, Attorney “Robert H. Palmer, III” moved
the “Military Tribunal” of the “U.S. District Court for the District of Alaska” to dismiss
his Client “Robin Potter” from the Plaintiff’s “Complaint” with prejudice. The affirmative
Objection to the Jurisdiction of the Court - Page 5 of 12
defense of “Res Judaica” that Attorney “Robert H. Palmer, III” asserts is the attachment
of Plaintiff’s “Complaint” to a thirty (30) year old “Case” of the “Epperlys” that was
entertained by a “Military Tribunal” of the “U.S. District Court for the District of Alaska,”
a “Complaint” that also had its lawful “Christian Names” converted into “Legal Fiction”
names of “Plaintiffs” and “Defendants” by “Officers of the Court.” That thirty (30) year
old “Complaint” has no relevance to the “subject matter” of the present day “Complaint”
of the “Epperlys” nor are the “Legal Fiction Named Plaintiffs” of that “Complaint” the same
lawful “Christian Named Plaintiffs” of the “Complaint” of today.
The “Jurisdiction” of the “U.S. District Court for the District of Alaska” to address
“Motions to Dismiss” was brought into question by Attorney “Robert H. Palmer, III” when
he asserted that litigation against a “State” or its municipal corporations by
said “U.S. District Court” is “Barred” by the “Eleventh Amendment” to
the “U.S. Constitution.” This assertion was made within “Potter Opposition
To Epperly Motion To Amend Complaint” which is dated “September 9th, 2017.”
The Defendant, “Robin Potter” was litigated not only in her personal individual capacity,
but also in her “Official” capacity of “Assessor” for the municipal corporation of
the “City and Borough of Juneau,” at Juneau, Alaska. When an “Officer” or “Employee”
of the government of a “State” or its political municipal corporations is “litigated” in their
capacity of “Office,” the governmental body of which they are employed are also made
a “Defendant” of a “Complaint” by implication or otherwise. If this is not so, then by
what “authority” may the defense of “qualified immunity” of the Defendant, “Robin Potter”
Objection to the Jurisdiction of the Court - Page 6 of 12
be had as asserted by Attorney “Robert H. Palmer, III”? The “Immunity Clause”
of the “Eleventh Amendment” is brought into play upon the “litigation” of the “Office”
of “Officers” and “Employees” of a “State” and its political municipal corporations.
By the words of Attorney “Robert H. Palmer, III,” the “U.S. District Court for
the District of Alaska” has no jurisdiction to address his “Motion to Dismiss” as founded
upon the affirmative defense of “Res Judicata” leaving the “U.S. District Court” with no
alternatives but to refuse to address the “Motion” and return the case of the “Epperlys”
back to the “Alaska State Superior Court” from which it came.
An Offer Of Consideration
If the “Attorneys” for the “Defendants” will come to terms in the use of
lawful “Christian Names” for all “Parties” to the Epperlys “Complaint” and if the “Attorneys”
will use their lawful “Christian Names” and the lawful “Christian Name” of
the “Judicial Officer” of the “Court” and will agree to the removal of
the “Golden Fringed Flag of War” of the “United States” from the “Courtroom” of
the “U.S. District Court for the District of Alaska” and in its place,
display the “Flag of Peace” /2 of the united “States” of “America” on the “Wall” behind
the “Chair” of the “Judge” as it was done before the year of 1933, the “Plaintiffs” will be
in agreement to move forward in the litigation of their “Cause of Action” in
2/ see description at “Title 4 U.S.C. Chap. 1, Sec. 1 & 2” and “Presidential Executive Order 10834,” foundin the “Federal Register” at “Vol. 24. No. 166, P. 6365 - 6367.”
Objection to the Jurisdiction of the Court - Page 7 of 12
said “U.S. Constitution, Article III Judicial Court.” The “Flag of Peace” establishes
the “Judicial Powers” of “Article III” of the “U.S. Constitution.”
The issues raised by the “Plaintiffs” involves “Public Laws” and “Contracts” of
the “U.S. Congress” as they apply to the “United States Homestead Patented Land” of
the “Plaintiffs” making those “Public Laws” and “Contracts” proper issues to be addressed
by an “U.S. Constitution, Article III Judicial Court” than by a “Judicial Court” of a “State.”
If the “Officers” of the “Court” and the “Judicial Officer” are not able to form an agreement,
then the question of “Jurisdiction” is raised and needs to be addressed. A demand is
made that the “Complaint” of the “Plaintiffs” be returned to the “Alaska State
Superior Court” from which it came.
Jurisdiction Questioned and Challenged
The “Jurisdiction” of the “U.S. District Court for the District of Alaska” is challenged by
the authority of the following rulings of “United States Courts.” The “Plaintiffs” are not
the moving parties that invoke the “Jurisdiction” of the “Court.”
“A derivative of a name is not the legal name.”Monroe Cattle Co. v. Becker, 147 U. S. 47 (1893)
"Jurisdiction, once challenged, cannot be assumed and must be decided."Maine v Thiboutot, 100 S. Ct. 250
"The law requires proof of jurisdiction to appear on the recordof the administrative agency and all administrative proceedings."
Hagans v Lavine, 415 U. S. 533
Objection to the Jurisdiction of the Court - Page 8 of 12
"The law provides that once “State” and “Federal” Jurisdiction hasbeen challenged, it must be proven."
100 S.Ct. 2502 (1980)
"Jurisdiction can be challenged at any time."Basso v. Utah Power & Light Co., 495 F.2d 906, 910
"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)
"Court must prove on the record, all jurisdiction facts related tothe jurisdiction asserted." …
Lantana v. Hopper, 102 F. 2d 188; Chicago v. New York, 37 F. Supp. 150
"Once challenged, jurisdiction cannot be assumed, it must be proved to exist."Stuck v. Medical Examiners, 94 Ca 2d 751. 211 P2d 389
"Courts are constituted by authority and they cannot go beyond that powerdelegated to them. If they act beyond that authority, and certainly incontravention of it, their judgments and orders are regarded as nullities; they arenot voidable, but simply void, and this even prior to reversal."
Williamson v. Berry, 8 HOW. 945, 540 12 L.Ed. 1170, 1189 (1850)
"Once jurisdiction is challenged, the Court cannot proceed when it clearly appearsthat 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
"There is no discretion to ignore lack of jurisdiction."Joyce v. U.S., 474 2D 215
"The burden shifts to the Court to prove jurisdiction."Rosemond v. Lambert, 469 F.2d 416
"Court must prove on the record, all jurisdiction facts relatedto the jurisdiction asserted."
Latana v. Hopper, 102 F.2d 188; Chicago v. New York 37 F. Supp. 150
The following “Elk v. Wilkins” is a “U.S. Constitution, 14th Amendment” case, the concept
is true concerning all federal citizens. In other words, all federal citizens must be, by their
very definition, a person who is "completely subject" to the jurisdiction of
Objection to the Jurisdiction of the Court - Page 9 of 12
the “federal government” (such as a citizen of Washington D.C.). Virtually any
legal concept stated by the “Courts” concerning a “14th Amendment citizen” is operative
upon all federal citizens.
"The persons declared to be citizens are, "All persons born or naturalizedin the United States and subject to the jurisdiction thereof." The evident meaningof these last words is not merely subject in some respect or degree tothe jurisdiction of the United States, but completely subject..."
Elk v. Wilkins, 112 US 94, 101, 102 (1884)
"The privileges and immunities clause of the 14th Amendment protects very fewrights because it neither incorporates the Bill of Rights nor protects all rights ofindividual citizens. (See Slaughter House cases, 83 US (16 Wall.) 36,21 L. Ed. 394 (1873)). Instead this provision protects only those rights peculiarto being a citizen of the federal government; it does not protect those rights whichrelate to State citizenship."
Jones v. Temmer, 839 F. Supp. 1226
"...the first eight amendments have uniformly been held not to be protected fromState action by the privilege and immunities clause [of the 14th Amendment]."
Hague v. CIO, 307 US 496, 520
Volume 20 of Corpus Juris Secundum at 1758: "The United States Government isa foreign corporation with respect to a State." NY vs. re Merriam, 36 N.E. 505;141 N.Y. 479; affirmed 16 S.Ct. 1073; 41 L.Ed. 287.
Petition and Challenge to Jurisdiction 3
"There are, then, under our republican form of government, two classes of citizens,one of the United States and one of the State."
Gardina v. Board of Registrars of Jefferson County, 160 Ala. 155;48 So. 788 (1909)
"The governments of the United States and of each State of the several Statesare distinct from one another. The rights of a citizen under one may be quitedifferent from those which he has under the other."
Colgate v. Harvey, 296 U.S. 404; 56 S.Ct. 252 (1935)
"...rights of national citizenship as distinct from the fundamental or natural rightsinherent in State citizenship."
Madden v. Kentucky, 309 U.S. 83: 84 L.Ed. 590 (1940)
Objection to the Jurisdiction of the Court - Page 10 of 12
"It is quite clear, then, that there is a citizenship of the United States,and a citizenship of a State, which are distinct from each other and which dependupon specimen different characteristics or circumstances in the individual."
Slaughter-House Cases, 83 U.S. (16 Wall.) 36; 21 L.Ed. 394 (1873)
"We have in our political system a government of the United States anda government of each of the several States. Each one of these governmentsis distinct from the others, and each has citizens of its own..."
United States v. Cruikshank, 92 U.S. 542 (1875)
"There is a difference between privileges and immunities belonging to the citizensof the United States as such, and those belonging to the citizens of each Stateas such."
Ruhstrat v. People, 57 N.E. 41 (1900)
Questions of Jurisdiction
Provide the authority which allows “Officers of the Court” (Attorneys) to alter or change
the lawful “Christian Names” of “Plaintiffs” and “Defendants” that appear on a “Complaint.”
Provide the authority granting any “Officer of the Court” (“Attorneys”) or a “Judicial Officer”
to remove a “Complaint” from a “Court” of “Judicial Powers” and relocate that “Complaint”
into a “Military Tribunal” of “Martial Law Rule.”
In looking to the “Eleventh Amendment” to the “U.S. Constitution,” provide the authority
which allows “Federal Courts” to take control of jurisdiction from a “State Court” over
litigation involving “Officers” and “Employees” of a “State” and its municipal corporations.
Objection to the Jurisdiction of the Court - Page 11 of 12
Conclusion
If no authorities may be found, a demand is made of the “Judicial Officer” of
the “U.S. District Court for the District of Alaska” to return the case of the “Epperlys” back
to the “Superior Court” of the “State of Alaska” from which it came.
DATED this Thirtieth day of the month of October in the year of
our Lord, Jesus the Christ, Two-Thousand and Seventeen.
Seal
____________________________________Gordon Warren Epperly – Plaintiff
[email protected] text/s/ Gordon Warren Epperly
[email protected] text[Thumb Print]
Objection to the Jurisdiction of the Court - Page 12 of 12
VERIFICATION BY ASSEVERATION
In Witness, Knowing the Punishment for bearing false witness before Almighty God
and Men, I solemnly aver, that I have read the annexed “Object to the Jurisdiction ofthe Court” and know the contents thereof; that the same is true of My own knowledge,except to the matters which are therein stated in My information and belief, and as to
those matters, I believe them to be true.
Seal
_________________________________Gordon Warren Epperly – Affiant
[email protected] text/s/ Gordon Warren Epperly
[email protected] text[Thumb Print]
Certificate of Mailing - Page 1 of 2
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ALASKA
Gordon Warren EpperlyP.O. Box 34358Juneau, Alaska 99803
Tel: (907) 789-5659
Gordon Warren Epperly, )and )
Esther Katherine Epperly, ) Case No. 1:17-cv-00008-SLG)
Plaintiffs, ) Honorable Judge SHARON L. GLEASON)
vs. ))
Robin Potter, ) Certificate of Mailingand )
Bud C. Cribley, )Defendants. )
==============================================================
In Witness, Knowing the punishment for bearing false witness before Almighty God and Men,
I solemnly aver that the attached “Object to the Jurisdiction of the Court”
with “Certificate of Mailing” was Mailed to:
Robert Palmer IIIAssistant Municipal Attorney
155 South Seward StreetJuneau, Alaska 99801-1332
John A. FonstadAssistant U.S. Attorney
222 West Seventh Avenue, #9, Rm. 253Anchorage, Alaska 99513-7567
Certificate of Mailing - Page 2 of 2
by depositing said “Object to the Jurisdiction of the Court” and “Certificate of Mailing” with
the United States Postal Service at Juneau, Alaska.
Sealed by the voluntary act of My Own Hand in this Thirtieth day of the month of October,
in the year of Our Lord and Savior Jesus, the Christ, Two-Thousand and Seventeen,
in the Two-Hundred Twenty-Sixth year of the Independence of America.
Seal
__________________________________________Gordon Warren Epperly - Affiant
/ / / / /
/ / / / /
/ / / / /
[email protected] text/s/ Gordon Warren Epperly
[email protected] text[Thumb Print]
IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF ALASKA
Gordon Warren EpperlyP.O. Box 34358Juneau, Alaska 99803
Tel: (907) 789-5659
Gordon Warren Epperly, )and )
Esther Katherine Epperly, ) Case No. 1:17-cv-00008-SLG)
Plaintiffs, ) Honorable Judge SHARON L. GLEASON)
vs. ))
Robin Potter, ) Exhibit “A”and )
Bud C. Cribley, )Defendants. )
==============================================================
Exhibit “A”
“Flag Code, Etiquette and Laws”
Flag Code, Etiquette and Laws - Page 1 of 29
Flag Code, Etiquette and Laws
THE FLAG OF THE UNITED STATES OF AMERICA
Our Nation reveres the flag, not out of a sense of unquestioning worship but out of a deep sense
of our national heritage. Strengthened by our noble deeds, splendid accomplishments, and untold
sacrifices, the flag reflects America's pledge to uphold Freedom and work for peace throughout
the World. It is America's strength in honor, as dignified in the stars and stripes of the flag, which
helps to establish the moral character of our national foundation.
The flag, endearingly referred to as "Old Glory," represents all people of America.
We, the people, are America. It is little wonder that the people of America are moved when
saluting the flag is it passes by, reminding us that we are a part of this great land. We are
"one nation under God."
Flag Code, Etiquette and Laws - Page 2 of 29
Its unfurled banner, which symbolizes the love and pride that we have as a nation, is a poignant
reminder of America's greatness and our fortune to live in a country which values freedom above
all else. It signifies the commitment made by our fallen comrades who battled bravely to defend
the honor of this sacred emblem - our American unity, our power, and our purpose as a nation,
and it exemplifies the devotion of our leaders who continue to uphold its promise of liberty,
justice and freedom for all.
Nothing evokes such strong emotion as seeing the flag, either a ceremony honoring a great event
or draped over the coffin of a military veteran as a sign of mourning for a hero and a loved one.
The Flag Code
Previous to “Flag Day,” June 14, 1923 there were no federal or state regulations governing display
of the “United States Flag.” It was on this date that the “National Flag Code” was adopted by
the “National Flag Conference” which was attended by representatives of the “Army” and “Navy”
which had evolved their own procedures, and some sixty-six (66) other national groups.
This purpose of providing clear guidance based on the “Army” and “Navy” procedures relating
to display and associated questions about the “U.S. Flag” was adopted by all organizations
in attendance.
A few minor changes were made a year later during the “Flag Day 1924 Conference.” It was not
until June 22, 1942 that Congress passed a “Joint Resolution” which was amended
on December 22, 1942 to become “Public Law 829; Chapter 806, 77th Congress, 2nd Session.”
Exact “rules” for use and display of the flag (36 U.S.C. 173-178) as well as associated sections
Flag Code, Etiquette and Laws - Page 3 of 29
(36 U.S.C. 171) [Conduct during Playing of the National Anthem], (36 U.S.C. 172)
the [Pledge of Allegiance to the Flag, and Manner of Delivery] were included.
This “Code” is the guide for all handling and display of the “Stars and Stripes.” It does not
impose any penalties, neither civil or criminal for misuse of the “United States Flag.” That is
left to the States and to the federal government for the District of Columbia. Each State has its
own flag law.
Criminal penalties for certain acts of desecration to the flag were contained in Title 18 of
the United States Code prior to 1989. The Supreme Court decision in “Texas v. Johnson,
491 U.S. 397 (1989)”; [http://tinyurl.com/ybfo3fpz], held the “Statute” unconstitutional.
This “Statute” was amended when the “Flag Protection Act” of 1989 (Oct. 28, 1989) imposed
a fine and/or up to one year in prison for knowingly mutilating, defacing, physically defiling,
maintaining on the floor or trampling upon any flag of the “United States.”
The “Flag Protection Act” of 1989 was struck down by the Supreme Court decision,
“United States vs. Eichman, 496 U.S. 310” decided on June 11, 1990
[http://tinyurl.com/y9xmasax].
While the “Code” empowers the “President” of the United States to alter, modify, repeal,
or prescribe additional “rules” regarding the “Flag,” no federal agency has the authority
to issue 'official' rulings legally binding on civilians or civilian groups. Consequently,
different interpretations of various provisions of the “Code” may continue to be made.
The “Flag Code” may be fairly tested: 'No disrespect should be shown to the Flag of
the United States of America.' Therefore, actions not specifically included in the “Code” may be
deemed acceptable as long as proper respect is shown.
Flag Code, Etiquette and Laws - Page 4 of 29
With Liberty and justice for All
Even before the “American Revolution,” flags bearing
the familiar red and white stripes, which symbolize
the unity of the original thirteen Colonies of America,
began to appear. These stripes were later combined with the “British Union Jack” to produce
the “Continental” flag that flew over George Washington's headquarters during the siege
of Boston.
Grand Union Flag (1775 - 1777)
Although it is not exactly clear who created it and when, a new “Colonial” flag was raised
on January 1, 1776, at the camp of the “Continental Army” near Boston. Known as
the “Grand Union” flag, “Continental Union” flag, or simply the “Union” flag, this banner
Flag Code, Etiquette and Laws - Page 5 of 29
featured the “British Union Jack” as a “Canton” on a field of 13 red and white stripes
representing the thirteen Colonies. The symbolism apparently carried a double message -- loyalty
to Great Britain but unity of the American Colonies.
In November 1775, the Continental Congress voted funds for a fleet of four ships to protect
the southern Colonies. One of the ships is known to have flown the “Grand Union” flag. It is
likely that during the early years of the Revolution, American ships flying this flag docked
at Savannah or sailed in the coastal waters off Georgia's mainland.
Almost a year passed after the “Declaration of Independence” was signed before a new flag was
adopted by the Congress. But variations in the flag were persistent, and changes continued during
much of the 19th Century. The “Flag Act” of 1818 fixed the number of horizontal stripes
at “thirteen,” and gave the President the authority to determine the star arrangement. The now
familiar “Stars and Stripes” were not carried into battle by the United States Army until
the Mexican War.
Finally, in 1912, an “Executive Order” was established which defined the design of the flag,
including the star arrangement. Later, when Alaska and Hawaii entered the Union,
stars representing those States were added to the flag, adapting the traditional
horizontal arrangement.
American involvement in the “Spanish-American War,” “World War I,” and “World War II”
stimulated patriotic sentiments and interest in the flag. In 1942, Congress established “rules” and
customs concerning the flag and the “Pledge of Allegiance.”
Flag Code, Etiquette and Laws - Page 6 of 29
The years since World War II have seen the refinement of various laws and regulations concerning
the flag. Today, it has become an accepted part of the decoration of most public buildings and
a symbol regarded as appropriate to almost any setting where citizens gather.
Pledge to the Flag
"I pledge allegiance to the flag of the united Statesof America and to the "REPUBLIC" for which it stands,one Nation under God, indivisible, with liberty and justicefor all. "
After first appearing in a copy of
the “Youth's Companion” in 1892, as a celebration of
the 400th Anniversary of the discovery of America, the “Pledge to the Flag” received the official
recognition of Congress on June 22, 1942. The phrase, "under God," was added to the “Pledge”
by Congress on June 14, 1954, by President Dwight D. Eisenhower, who said that "in this way we
are reaffirming the transcendence of religious faith in America's heritage and future; in this way
we shall constantly strengthen those spiritual weapons which forever will be our country's most
powerful resource in peace and war."
Red Skelton, during the presentation of his CBS television show on the night of January 14, 1969,
read his version of the "Pledge of Allegiance" to the flag. He immediately received 200,000
requests for it, he recorded it and the record was widely played throughout the Country.
Skelton had learned his adaptation of the “Pledge” as a schoolboy in Vincennes, Indiana.
Flag Code, Etiquette and Laws - Page 7 of 29
The teacher felt his pupils were bored reciting the “Pledge” every morning (times haven't
changed much), so he decided to explain to his students what the lines they were mumbling meant.
"I"— me, an individual, a committee of one.
"Pledge"— dedicate all of my worldly goods to give without self-pity.
"Allegiance" — my love and devotion.
"To the Flag" — our standard, Old Glory, a symbol of freedom. Wherever she waves,there is respect because your loyalty has given her dignity that shouts freedomis everybody's job.
"Of the united" — that means that we have all come together
"States" — individual communities that have united into forty-eight (48) great States.Forty-eight (48) communities with pride and dignity and purpose, all divided by imaginaryboundaries, yet common purpose and that’s love for country. [Note: since this “Pledge”given by Red Skelton, two other States were added to the Union, “Alaska” and “Hawaii”].
"Of America"— Home of the Brave and Land of the Free.
"And to the Republic" — a State in which limited Sovereign Power is grantedto representatives chosen by the people who govern. And government is the peopleand it's representatives chosen by the people who govern. And government is the peopleand it's from the people to the leaders, not from the leaders to the people.
"For which it stands" — flying proudly, never touching the ground or displayed belowother flags.
"One nation under GOD" — meaning so blessed by GOD.
"Indivisible" — incapable of being divided.
"With Liberty" — which is freedom and the RIGHTS or power to live one's own lifewithout threats or fear of some sort of retaliation.
"And justice" — the principle or quality of dealing fairly with others.
"For all" — which means it's as much your country as it is mine.
Flag Code, Etiquette and Laws - Page 8 of 29
When rendering the “Pledge of Allegiance,” persons should stand at attention, face the flag, and,
if in uniform, salute, or otherwise place the RIGHT hand over the heart. Persons wearing the caps
of veterans' service organizations, such as the “Disabled American Veterans,” are expected
to salute. Others, such as “Boy” or “Girl Scouts” in uniform, should render respect to the flag
in accordance with the traditions of the organization whose uniform they are wearing.
Our National Anthem
The "Star Spangled Banner" has been designated as the “National Anthem” of the united “States”
of “America.” During the playing of the “Anthem” when the flag is displayed, persons not
in uniform should stand at attention facing the flag with their RIGHT hand over their heart.
Those in uniform should begin saluting the flag at the first note of the music, and hold the salute
until the last note of the “Anthem” is played. This also applies to those wearing veterans'
organization caps or the uniforms of other patriotic organizations.
Displaying the Flag
When displaying the flag, it is important to remember certain guidelines of proper
flag etiquette. They are:
Flag Code, Etiquette and Laws - Page 9 of 29
When on display or carried in a procession with other flags, the flag
should be positioned to its own RIGHT. Also, it should be placed to
the RIGHT of a “Speaker” or staging area, while other
flags are placed to the left.
When the flag is displayed from a staff projecting horizontally from a window sill,
balcony, or building, the stars of the flag should be placed at the peak of the staff unless the flag
is at half-staff.
The flag should be at the center and at the highest point of the group when a number of flags
of States, localities, or societies are grouped for display.
When the flag is displayed either vertically or horizontally against
a wall, the stars should be placed at the top of the flag and on
the observer's left. If the flag is on a pole or staff it is placed on
the speakers right and the other flags are placed on
the speakers left. The flag should never be draped over or cover the speaker’s podium. It should
never be fastened to the stage or platform in front of or below the speaker.
When the flag is flown with flags of other nations they are to be displayed from
separate staffs of the same height, and each should be of equal size.
“International Law” forbids the display of the flag of one Nation to be flown above that
of another Nation during time of peace.
Flag Code, Etiquette and Laws - Page 10 of 29
When the flag is unfurled for display across a street, it should be hung vertically,
with the stars arranged to the north or east. It must not touch the buildings, ground,
trees or bushes. It should be high enough that it does not drag across anything
passing below it.
During a time of national mourning, the flag can be flown at half-mast by “Order”
or “Proclamation” of the “President” of the United States. When flown at half mast, the flag
should be hoisted to the peak for an instant and then lowered to the half-staff position. The flag
should be raised to the peak before it is lowered at the end of the day. On “Memorial Day” the flag
should be displayed at half-mast until noon, then raised to the top of the staff and flown
until sunset. Local customs regarding the lowering of company, city, or other flags to half-mast
are directed by the “Executive Officers” of those service areas.
When the flag is used to cover a casket, it should be placed
with the stars at the head and over the left shoulder. The flag
should not be lowered into the grave or be allowed to touch the ground.
Flag Code, Etiquette and Laws - Page 11 of 29
Respect for the Flag
The “Flag Code,” a national guideline on ways in which the flag is to be respected, states that no
disrespect should be shown to the flag of the united “States” of “America.” Specific ways,
in which the flag should not be used, according to the code, are:
The flag should not be dipped to any person or thing, and can
be flown upside down only as a distress signal.
The flag should never be fastened, displayed, used, or stored in such a way that would allow it to
be easily torn, soiled, or damaged.
The flag should never have any mark, insignia, letter, work, or other designs of any kind placed
upon it.
The flag should never be used as a receptacle for receiving, holding, carrying,
or delivering anything.
The flag should never be used for advertising purposes. It should not be embroidered, printed
or otherwise impressed on such articles as cushions, handkerchiefs, paper napkins, boxes,
or anything that is designed for temporary use. Advertising signs should not be fastened to
a flag's staff or halyard.
Flag Code, Etiquette and Laws - Page 12 of 29
The flag should never be used as wearing apparel, bedding, or drapery.
Bunting of blue, white, and red can be used for covering
a speaker's desk, draping the front of a platform, or for decoration
in general.
No part of the flag should be used as an element of a costume
or athletic uniform. However, a flag patch may be worn on the uniform
of military personnel, firemen, and members of patriotic or other national organizations, such as
the uniforms of Veterans' service organizations or Scout uniforms.
When lowering the flag, make certain that no part of
it touches the ground. It should be received by
waiting hands and arms. To store the flag,
ceremoniously fold it length wise in half, then repeat with the blue field on the outside. Finally,
while one person holds it by the blue field, another then makes a triangular fold in the opposite
end, continuing to fold it in triangles until only the blue shield shows. A properly proportioned
flag will fold thirteen (13) times on the triangles, representing the thirteen (13)
“Original Colonies.” When finally complete, the triangular folded flag is emblematical of
the “tri-corner hat” worn by the “Patriots” of the “American Revolution.” When folded, no red
or white stripe is to be evident leaving only the honor field of blue and stars.
Flag Code, Etiquette and Laws - Page 13 of 29
FLYING OUR FLAG
It is proper to display the flag from sunrise to sunset on all days the weather permits. The flag
may also be displayed at night if illuminated by a light. But it is even more important to display
the flag on “National Holidays” and days of importance, including:
New Year's DayInauguration DayMartin Luther King Jr's BirthdayLincoln's BirthdayWashington's BirthdayEaster SundayMother's DayArmed Forces DayMemorial Day (half-staff until noon)Flag DayFather's DayIndependence DayLabor DayConstitution DayColumbus DayVeterans DayThanksgiving DayChristmas DayElection DaysState and Local HolidaysState Birthday
The flag may be flown at half-mast only when proclaimed by the “President” of
the “United States.”
Flag Code, Etiquette and Laws - Page 14 of 29
When a flag is in such a condition that it is no longer a fitting emblem for display, it should
be destroyed in a dignified manner, preferably by burning.
Standard Proportions For The United States Flag
The Mystery of the Forgotten U. S. Flag Revealed.
A little known fact about the history of “Old Glory,” is her sister, the almost forgotten “Civil Flag”
of the “United States.”
The first authorization of a “U.S. flag” came about on June 14th, 1777, when Congress directed
that a “U.S. flag” consist of thirteen stripes, alternating red and white; that a “Union”
be thirteen (13) stars, white in a blue field, representing a new “Constellation.” Through usage,
horizontal stripes were adopted for use over “Military Posts” and vertical stripes adopted for use
over “Civilian Posts.” Most flag purchase orders were for the military version by
the Federal government. Out paced by military purchases, civil flag orders were almost
Flag Code, Etiquette and Laws - Page 15 of 29
non-existent as the cost was far more than most Americans could afford. Sightings of
the “Civilian Flag” were rarely seen until U.S. Customs adopted the “Civil Flag” in
its enforcement of “tax collection” and inspection in “Ports” as opposed to “Acts of War” against
merchant ships.
In 1790, Alexander Hamilton proposed armed shipping vessels to enforce customs duties in
the Nation’s shipping “Ports.” Congress agreed and appropriated $10,000 to maintain
ten (10) “Revenue Cutters” (Ships) to be placed under the charge of “Customs Collectors.”
On March 2, 1799, Congress revised the duties of “Revenue Cutters” and added authority to fire
upon other vessels if such vessels did not respond to a Cutter's “flag” and a gunshot warning.
On June 1, 1799, Oliver Wolcott, Hamilton's successor, submitted his flag design
to President John Adams. His proposal defined the new “Customs Flag” with sixteen (16) stripes,
one stripe for each State that had joined the Union by 1799 and turned the stripes vertical to show
the “civil nature” of its use as opposed to a “military nature.” For the Union, Wolcott proposed
using the “Arms” of the “United States,” the “American Bald Eagle,” over a white field. The final
version was approved on August 1st, 1799. Although intended just for the “Customs Office,”
the new “civilian flag” became adopted by “Custom Houses” and merchants to show
their civilian nature as opposed to being under military control. The practice of using
the “Customs Flag” as a “Civil Flag” became encoded in “Law” in 1874 when Treasury Secretary,
William A. Richardson required all “Custom Houses” to fly the “Civil Flag.”
In 1915, the “U.S. Coast Guard” became an independent “Bureau” from
the “Treasury Department,” absorbing the “Revenue Cutter Service.” The “Civil Flag” used by
the “Cutter Service” was modified and adopted under “Coast Guard” authority, losing its original
Flag Code, Etiquette and Laws - Page 16 of 29
significance of civilian authority, which by then, had been long forgotten as
the Federal government acquired more control over the States and their citizens. By 1951,
the original “Customs Civil Flag” had been phased out completely with another redesign.
It is believed by some historians that the “Civil Flag” was discontinued after the “Civil War” when
the “federal government” imposed “military governments” in the States and disbanded
“civilian government.” As a show of its power over the “States,” “Civil Flags” were discontinued
and “Old Glory” became the sole “Emblem” representing the “People” of the united “States”
of “America,” united under “Military (or “Admiralty”) Rule.”
For over one-hundred (100) years, the “Civilian U.S. Flag” was flown by a select citizenry that
could afford to buy them. While most were of the design of the “Customs Bureau”
and it's “American Eagle,” many continued to adorn the original look from 1777 with
a “Constellation of Stars” on a blue field and with red and white vertical stripes. By 1900,
the “Civil Flag” had all but disappeared except for the occasional use by
the government's “Revenue Cutters” and more recently, the “Coast Guard” with
a modified design. By 1980, nearly all documentation of the “Civil Flag” had been omitted
in “School Text Books” and its existence left as a mystery in a few old photographs and a rare
mention in classic books.
Civilian Merchant Appraisers from 1919
Flag Code, Etiquette and Laws - Page 17 of 29
In Nathaniel Hawthorne's book “The Scarlet Letter,” published in 1850, the introduction,
titled "The Custom House," includes this description:
"From the loftiest point of its roof, during precisely three and a half hours of each forenoon,floats or droops, in breeze or calm, the banner of the republic; but withthe thirteen stripes turned vertically, instead of horizontally, and thus indicating thata civil, and not a military post of Uncle Sam's government, is here established. "
This is a photograph of a "modern" “Custom House” located in “Eagle, Alaska” and here on
one pole, both flags are seen flying. This unusual photo with both the “military”
and “civilian flags” was sent to us by Walter Kenaston who snapped this shot in 1997. Notice that
the “military flag” is flying on top, in the "superior" position above the “civil custom flag” and
there is no “Alaska State flag.”
Photograph by Walter Kenaston circa 1997
Flag Code, Etiquette and Laws - Page 18 of 29
You may recall in the old Westerns, "Old Glory" has her stripes running sideways and
a military yellow fringe. Most of these films are historically accurate about that; their stories
usually took place in the “Territories” still under military law and not yet States. Before WWII,
no “U.S. flag,” civil or military, flew within the forty-eight (48) States (except in federal settings);
only “State flags” did. Since then, the U.S. government seems to have decided the supposedly
sovereign States are its “Territories” too, so it asserts its “military power” over them under
the "law of the flag."
History book publishers contribute to the public's mis-education by always picturing the flag
in military settings, creating the impression that the one with horizontal stripes is the only one
there is. They don't actually lie; they just tell half the truth. For example, the "first American flag"
they show Betsy Ross sewing at George Washington's request, was for the “Revolution” –
of course it was military.
The U.S. government has refrained from and discouraged flying the “civil flag” since
the “Civil War,” as that WAR is still going on. “Peace” has never been declared, nor have
hostilities against the people ended. The government is still operating under quasi-military
“Martial Rule.”
Today the “U.S. military flag” appears alongside, or in place of, the “State flags” in nearly all
locations within the States. All of the “State Courts,” and even the municipal ones, now openly
display it. This should have raised serious questions from many citizens long ago, but we've been
educated to listen and believe what we are told, not to ask questions, or think or search for the truth.
Flag Code, Etiquette and Laws - Page 19 of 29
THE FLAG IS PRECISELY DEFINED BY LAW
On June 14, 1776, Congress made the following resolution: "The flag of the United States shall
be thirteen stripes, alternate red and white, with a union of thirteen stars of white
on a blue field. . ." Because Congress made no rule for the arrangement of the stars, they were
displayed in different ways, most usually in a circle. As new States joined the Union,
they demanded representation in the “Stars” and “Stripes” of the “flag.” In 1795 Congress voted
to increase to fifteen (15) the number of “Stars” and “Stripes.” Legislation enacted in 1818
reestablished the number of “Stripes” at thirteen (13) and instituted the policy: "That on
the admission of every new state into the Union, one star be added to the Union of the flag. . . "
An “Executive Order” issued by President William Howard Taft on Oct. 29,1912, fixed the overall
width and length of the “U.S. flag,” known technically as the “hoist” and “fly,” respectively,
in a ratio of “1:1.9”. The thirteen stripes were fixed at equal width. The “hoist” of the blue field
containing the “stars” was fixed at seven-thirteenths of the overall “hoist,” that is, as extending
from the top of the “flag” to the bottom of the seventh (7th) “stripe.” The “fly” of the blue field
was fixed at a tiny fraction over three-fourths (¾th) the overall “hoist.” The diameter of each “star”
was established as a minute fraction under one-sixteenth of the overall “hoist.”
"The flag of the United States shall be thirteen horizontal stripes, alternatingRed and White; and the Union of the Flag shall be forty eight Stars, white in a blue field."
61 Stat. 642, July 30, 1947, ch. 389. 4 U.S.C.A. 1
Flag Code, Etiquette and Laws - Page 20 of 29
This describes the “civil flag” of the United States, as it is to be flown in the District of Columbia,
its “enclaves” and overseas on ships and “Embassies.”
Currently, the “Flag” of the united “States” of “America” is defined as:
“The American Flag of Peace of the united States of America is described as red, whiteand blue, with thirteen alternating red and white horizontal stripes, and a blue field (union)with 50 stars, one to represent each of the several States. The Flag is proportional,(1 X 1.9). This proportion is easily determined by measuring the length (fly) and dividingby the measurement of the width (hoist). The length divided by the width should be verynearly 1.9. If the flag is not to the correct 1 X 1.9 proportion, it is not an officialTitle 4 U.S.C. 1, 2 American Flag of Peace of the united States of America.”
Title 4 U. S. C. 1, 2 and Presidential Executive Order 10834,found in the Federal Register at Vol. 24. No. 166, P. 6365 - 6367.
Title 4 U.S.C. 3 provides that anything put on the Title 4 U.S.C., 1, 2 “American Flag” such
as “gold fringe” MUTILATES the “Flag” and carries a one-year prison term. This is confirmed
by the authority of Title 36 U.S.C. 176 (g). The “gold fringe” is a fourth color and represents
"color of law" jurisdiction and when placed on the “Title 4 U.S.C. 1, 2 Flag,” mutilates the “Flag”
and suspends the “Constitution” and establishes "color of law" jurisdiction
(Refer to Title 18 U.S.C. 242, see Black's Law Dictionary).
As provided by Title 36 U.S.C. 173 and “Army Regulation 840-10, chapter 2-1(b)”, the “Flag” of
the united States of America is defined and described in Title 4 U.S.C. 1, 2. Civilians must use
the “Title 4 U.S.C. 1, 2 Flag” (see Title 36 U.S.C. 173 and “Army Regulation 840-10,
chapter 2-7”) and when “Military Flags” are displayed by “Army Regulation 840-10, chapter 2”
and Title 36 U.S.C. 175.
Flag Code, Etiquette and Laws - Page 21 of 29
THE UNITED STATES MILITARY FLAG WITH THE GOLD FRINGE
FLAG Martial Law; “Pursuant to 4 U.S.C. chapter 1, §§1, 2, & 3; Executive Order 10834,
August 21, 1959; 24 F. R. 6865; “A ‘Military Flag’ is a flag that resembles the regular flag of
the United States, except that it has a YELLOW FRINGE border on three sides.” The “President”
of the United States designates this deviation from the regular flag, by “Executive Order,” and in
his capacity as “Commander-in-Chief” of the Military.”
FLAG Martial Law; "The placing of a fringe on the national flag, the dimensions of the flag and
the arrangement of the stars in the union are matters of detail not controlled by statute, but are
within the discretion of the ‘President’ as Commander-in-Chief of the Army and Navy."
(34 Ops. Atty. Gen. 83).
Flag Code, Etiquette and Laws - Page 22 of 29
President, Dwight David Eisenhower, by Executive Order No. 10834, signedon August 21, 1959 and printed in the “Federal Register” at “24 F.R. 6865,” pursuant to law,stated that: "A military flag is a flag that resembles the regular flag of the United States,except that it has a Yellow Fringe border on three sides. "
FLAG Martial law; "The use of such a fringe is prescribed in current Army Regulationno. 260-10." (34 Ops. Atty. Gen. 483, 485).
FLAG Martial law; "Ancient custom sanctions the use of the fringe on regimental colorsand standards, but there seems to be no good reason or precedent for its use on other flags."(The Adjutant General of the Army, March 28, 1924, (1925); 34 Ops. Atty. Gen. 483, 485).
DISPLAY OF MILITARY FLAG
National flags listed below are for indoor display and for use in ceremonies and parades. For these
purposes the “United States flag” will be rayon banner cloth, trimmed on three sides with golden
yellow fringe, two and half (2½) inches wide. It will be the same size as the flags displayed
or carried with it.
Authorization for indoor display
Each military courtroom "Any courtroom that displays these flags behind the Judge is
a military courtroom. You are under military law and not constitutional law, or common law,
or civil law, or statute law."
Restrictions "The following limitations and prohibitions are applicable to flags guidons,
streamers, and components."
Flag Code, Etiquette and Laws - Page 23 of 29
Unauthorized use of official flags, guidons, and streamers. Display or use of flags, guidons,
and streamers or replicas thereof, including those presently or formerly carried by U.S. Army
units, by other than the office, individual, or organization for which authorized, is prohibited
except as indicated in below.
Use only by recognized United States Army division associations . . . ." (United StatesArmy Regulation AR 640-10, October 1, 1979).
According to Army Regulations, (AR 840-10, Oct. 1, 1979.) "the Flag is trimmed onthree sides with Fringe of Gold, 2 1/2 inches wide," and that, "such flags are flown indoors,ONLY in military courtrooms." And that “The Gold Fringed Flag is not to be carriedby anyone except units of the United States Army, and the United States Army divisionassociations."
THE AUTHORITY FOR FRINGE ON THE FLAG IS SPECIFIED IN ARMY REGULATIONS,BUT ONLY FOR THE NATIONAL (MILITARY) FLAG!
The U.S. Attorney General has stated: "The placing of a gold fringe on the national flag,the dimensions of the flag, and the arrangements of the stars in the union are matters ofdetail not controlled by statute, but are within the discretion of the President asCommander-in-Chief of the Army and Navy . . . ancient custom sanctions the use of fringeon regimental colors and standards, but there seems to be no good reason or precedent forits use on other flags . . . the use of such a fringe is prescribed in current Army Regulations,No. 260-10." (See 34 Ops. Atty. Gen. 483 & 485) The only statute or regulation,in the United States, prescribing a yellow fringed United States flag is Army RegulationNo. 260-10, making it a military flag.
By Army Regulation 260-10, the “gold fringe” may be used only on regimental "colors,"the “President's flag,” for “military courts martial,” and the “flags” used at militaryrecruiting centers. "A military flag emblem of a nation, usually made of cloth and flownfrom a staff; FROM A MILITARY STANDPOINT flags are of two general classes. . .those flown from stationary masts over army posts, and those carried by troopsin formation. The former are referred to by the general name of “flags.” The later arecalled “colors” when carried by dismounted troops. “COLORS” and “STANDARDS”are more nearly square than “flags” and are made of silk, with a knotted FRINGE OFYELLOW ON THREE SIDES . . . USE OF A FLAG -- THE MOST GENERAL ANDAPPROPRIATE USE OF THE FLAG IS AS A NATIONAL SYMBOL OFAUTHORITY AND POWER. " (See National Encyclopedia, Vol. 4).
Flag Code, Etiquette and Laws - Page 24 of 29
The adornments (FINIAL) on the top of the flag pole are for military use only.The “gold eagle” is for the use of the “President” of the United States only, and onlyin time of war. The “gold spear ball” is for military recruiting centers only.The “gold acorn” is for military parades only. (See Army Regulation 840-10, chapter 8).
Colors -- "A flag, ensign, or standard borne in an army or fleet. " (See Webster's 1971).
Color -- An appearance, semblance, or simulacrum, as distinguished from that whichis real. A prima facie or apparent RIGHT. Hence, a deceptive appearance; a plausible,assumed exterior, concealing a lack of reality; a disguise or pretext. (See Black'sLaw Dictionary, 6th Ed.).
Color of law -- The appearance or semblance, without the substance, of legal RIGHT.Misuse of power, possessed by virtue of state law and made possible only becausewrongdoer is clothed with authority of state, is action taken under "color of state law."(Atkins v. Lanning, 415 F. Supp. 186, 188).
Colorable --That which is in appearance only, and not in reality, what it purports to be,hence counterfeit, feigned, having the appearance of truth. (Windle v. Flinn,251 P.2d 136, 146).
Colorable alteration -- One which makes no real or substantial change, but is introducedonly as a subterfuge or means of evading the patent or copyRIGHTS law.(See Black's 6th ed.).
Colorable imitation -- In the law of trademarks, this phrase denotes such a closeor ingenious imitation as to be calculated to deceive ordinary persons. (See Black's 6th ed.).
THE LAW OF THE FLAG
The Law of the Flag, an International Law, which is recognized by every nation of the planet,
is defined as:
" . . . a rule to the effect that a vessel is a part of the territory of the nation whose flagshe flies. The term is used to designate the RIGHTS under which a ship owner,who sends his vessel into a foreign port, gives notice by his flag to all who enter
Flag Code, Etiquette and Laws - Page 25 of 29
into contracts with the ship master that he intends the “Law of that Flag” to regulatethose contracts, and that they must either submit to its operation or not contractwith him or his agent at all. "
Ref.: Ruhstrat v. People, 57 N.E. 41
By the doctrine of "four cornering" the “flag” establishes the law of the Country that
it represents. For example, the “Embassies” of foreign “Countries,” in Washington D. C.,
are "four cornered" by “walls” or “fencing,” creating an "enclave." Within the boundaries of
the "enclave" of the “foreign Embassy,” the “flag” of that “foreign Country” establishes
the “jurisdiction” and “law” of that “foreign Country,” which will be enforced by the “Law” of
the “Flag” and international “Treaty.” If you enter an “Embassy,” you will be subject to
the “laws” of that “Country,” just as if you board a ship flying a “foreign flag,” you will be subject
to the “laws” of that “flag,” enforceable by the "master of the ship," (Captain), by the “law” of
the “flag.”
Under “Article IV, Section 3,” of the “Constitution” for the united “States” of “America,”
no new State shall be formed or erected within the jurisdiction of any other State. So -- why have
the “Germans” been allowed to erect a “German” enclave at “Holloman Air Force Base”
in “New Mexico,” under the “Law” of the “Flag”? Why have the “Judges” of the “State”
and “Federal Courts” been allowed to erect “foreign enclaves” within our “public Courthouses”
under a “foreign flag” of the “yellow fringe” upon the “soil” of the “States”?
Flag Code, Etiquette and Laws - Page 26 of 29
Under martial law, you are presumed guilty until proven innocent.
The flags that are displayed in many “State Courts” and “Courts” of the “United States”
have “gold” or “yellow fringes.” That is your WARNING that you are entering into
a “foreign enclave,” the same as if you are stepping into a “foreign Embassy” and you will be
under the jurisdiction of that “flag.” The “flag” with the “gold” or “yellow fringe” has
no “Constitution,” no “laws,” and no “rules of Court,” and is not recognized by any “Nation” on
the “Earth,” and is foreign to natural human born “Plaintiffs” and “Defendants” and to
the united “States” of “America.”
The “gold-fringed flag” only stands inside “Military Courts” that sit in “Summary Court Martial”
proceedings against “civilians” and such “Courts” are governed, in part, by “local rules,” but more
especially by "The Manual of Courts Martial, U.S., 1994 Ed., at Art. 99,(c)(1)(b), pg. IV-34,
PIN 030567-0000, U.S. Government Printing Office, Wash. D.C..” The details of the “crimes”
that “civilians” can commit, that are classed as “Acts of War,” cover one-hundred and twenty-five
(125) pages in the “Manual of Courts Martial.” It is a “notice” that you are under the “rules”
and “regulations” of the “military force” that is displaying that “flag.”
"It is an elementary rule of pleading, that a plea to the jurisdiction is a tacit (silent)admission that the Court has a right to Judge the case and is a waiver to all exceptionto the jurisdiction." (Girty v. Logan, 6 Bush KY, 8).
When ALL the “Official American Flags” are gone, our “Country” is gone.
The proper Title 4 U.S.C. 1, 2 “Civilian American Flag” of the united States of America with
no fringe takes precedence over all other flags, as it is the superior flag, and establishes
Flag Code, Etiquette and Laws - Page 27 of 29
the civil jurisdiction of the united States of America, and the laws made in pursuance thereof.
This “civilian authority” is mandated in almost all “STATE Constitutions.”
However, a “gold” or “yellow fringed military” or “foreign flag,” displayed without the presence
of a proper Title 4 U.S.C. 1, 2 “Civilian American Flag” suspends the “Constitution,”
by the “International Law” of the “flag.” This takes away all “Rights” and places the “Plaintiffs,”
firmly under the “military or martial law jurisdiction” for want of having a proper
Title 4 U.S.C. 1, 2 “Civilian American Flag” displayed in the “Courtroom.” [NOTE: Prior to
the year of 1933, the “U.S. District Courts” displayed the “American Flag” without any “tassels”
or “golden fringes” on the “Wall” behind the “Chair” of the “Judge” denoting that
an “U.S. Constitution, Article III Judicial Court” was in session.].
AMERICA HAS BEEN CONQUERED BY TACIT ADMISSION,THE PEOPLE HAVE SURRENDERED!!
When two nations go to war, the object of the game is to capture the other guy's flag. When you
go onto foreign soil, take the other guy's flag down and put yours up, you have captured the
other guy's territory and put it under the law (Constitution) of your flag.
Capitulation -- the act or agreement of surrendering upon negotiated or simulated terms.(See Black's Law Dictionary, 6th Ed.).
Tacit -- Existing, inferred, or understood without being openly expressed or stated; impliedby silence or silent acquiescence, as a tacit agreement or tacit understanding. Done ormade in silence, implied or indicated, but not actually expressed. Manifested by therefraining from contradiction or objection; inferred from the situation and circumstance, inthe absence of express matter. (See Black's Law Dictionary, 6th Ed.)
Flag Code, Etiquette and Laws - Page 28 of 29
Tacit admissions -- An acknowledgment or concession of a fact inferred from eithersilence or from the substance of what one has said.
Maxim of Law -- "Tacita quaedam habentur pro expressis" -- THINGSUNEXPRESSED ARE SOMETIMES CONSIDERED AS EXPRESSED.
IT "IS" TREASON
Our elected “Officials,” “Judges,” “County Commissioners,” “City Councils,” “School Boards,”
and “School Administrators,” “Police,” the “State Legislators,” the “Governor,”
the “U.S. Congress,” and even the “President” have all committed acts
of “Constructive Treason.”
Constructive Treason -- Treason imputed to a person by law from his conduct or courseof action, though his deeds taken severally do not amount to actual treason. “Black's LawDictionary, 6th Ed.” also defined as: ". . . an attempt to establish treason bycircumstantiality, and not by the simple genuine letter of the law, and therefore is highlydangerous to public freedom." C.J.S., vol. 87, p. 910.
The “Judges,” with deliberate intent and by overt “Judicial Acts,” are surrendering
the “Constitution” of the united “States” of “America” to a “foreign state” / “power” as is denoted
by the “yellow” or “gold fringe flag” in the “Courtroom,” thereby causing any party appearing
before the “Court” to loose of their “Constitutional RIGHTS.” “Judges” or other “Officers” that
swear an “Oath and Affirmation” to support and defend the “Constitution” for the united “States”
of “America” and then surrender and erect “foreign enclaves” upon the “soil” of
Flag Code, Etiquette and Laws - Page 29 of 29
the several “States” in breach of “U.S. Constitution, Article IV, Section 3” ARE GUILTY,
by definition, of “constructive treason,” against the “People.”
Respectfully Submitted
__________________________________Gordon Warren Epperly - Plaintiff
[email protected] text/s/ Gordon Warren Epperly
~Object to the Jurisdiction of the Court - (10-30-17).pdf (p.1-14)Flag Code.pdf (p.15-44)