Traffic Book 777A3-2913-05-05 page 113-151

TEXAS CONSTITUTION

NOTE: You want to get the Annotated Version of the Texas Constitution, because you want court cases which point out certain things, like a deputy sheriff has to take his oath, like every one else.

Article 1, Section 8.  Every person shall be at liberty to speak, write or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press.  In prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence.  And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

Article 1, Section 9.  The people shall be secure in their persons, houses, papers and possessions, from all unreasonable seizures or searches, and no warrant to search any place, or to seize any person or thing, shall issue without describing them as near as may be, nor without probable cause, supported by oath or affirmation.

Article 1, Section 10.  In all criminal prosecutions the accused shall have a speedy  public trial by an impartial jury.  He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof.  He shall not be compelled to give evidence against himself, and shall have the right of being heard by himself or counsel, or both, shall be confronted by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor, except that when the witness resides out of the State and the offense charged is a violation of any of the anti-trust laws of this State, the defendant and the State shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature may hereafter provide; and no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger.

Article 1, Section 11.  all prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.

Article 1, Section 12.  The writ of habeas corpus is a writ of right, and shall never be suspended.  The Legislature shall enact laws to render the remedy speedy and effectual.

Article 1, Section 13.  Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.  all courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.

Article 1, Section 14.  No person, for the same offense, shall be twice put in jeopardy of life or liberty, nor shall a person be again put upon trial for the same offense, after a verdict of not guilty in a court of competent jurisdiction.

Article 1, Section 15.  The right of trial by jury shall remain inviolate.  The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency.  Provided, that the Legislature may provide for the temporary commitment, for observation and/or treatment, of mentally ill persons not charged with a criminal offense, for a period of time not to exceed ninety (90) days, by order of the County Court without the necessity of a trial by jury.

Article 1, Section 18.  No person shall ever be imprisoned for debt.

Article 1, Section 19.  No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.

Article 1, Section 23.  Every citizen shall have the right to keep and bear arms in the lawful defense of himself or the State; but the Legislature shall have power, by law, to regulate the wearing of arms, with a view to prevent crime.

Article 1, Section 27.  The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.

{NOTE: Since you have the right to assemble, which a reasonable person would conclude that you should have the right to get to the assembly, and Sec. 29 below shows that the Texas legislature have no authority to create a law that would abridge the right to assemble, then why are you required to have a registration sticker, safety sticker, proof of insurance and go no faster than some sign in your mode of conveyance or be subject to being detained, arrested and even jailed on your way to or from an assembly?}

Article 1, Section 29.  To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.

Article 3, Section 22.  A member who has a personal or private interest in any measure or bill, proposed, or pending before the Legislature, shall disclose the fact to the House, of which he is a member, and shall not vote thereon.

{NOTE: Above verifies that the State Bar Assocation is unconstitutional, because in 1939 when the State Bar was established, there were 27 lawyer in the Texas Senate out of 31 Senators. It takes 2/3 rd of a body to make a Quorum to do business which means there would have to be 21 non-lawyers to vote on this issue, this act was unconstitutional.}

Article 3, Section 29.  The enacting clause of all laws shall be: "Be it enacted by the Legislature of the State of Texas."

Article 3, Section 30.  No law shall be passed, except by bill, and no bill shall be so amended in its passage through either House, as to change its original purpose.

Article 3, Section 43.  (a) The Legislature shall provide for revising, digesting and publishing the laws, civil and criminal; provided, that in the adoption of and giving effect to any such digest or revision, the Legislature shall not be limited by sections 35 and 36 of this Article. (b) In this section, "revision" includes a revision of the statutes on a particular subject and any enactment having the purpose, declared in the enactment, of codifying without substantive change statutes that individually relate to different subjects.

Article 3, Section 51. The Legislature shall have no power to make any grant or authorize the making of any grant of public moneys to any individual, association of individuals, municipal or other corporations whatsoever.

Article 3, Section 56. The Legislature shall not, except as otherwise provided in this Constitution, pass any local or special law, authorizing:

Creating offices, or prescribing the powers and duties of officers, in counties, cities, towns, election or school districts.

And in all other cases where a general law can be made applicable, no local or special law shall be enacted; provided, that nothing herein contained shall be construed to prohibit the Legislature from passing special laws for the preservation of the game and fish of this State in certain localities.

Article 4, Section 21.  There shall be a Secretary of State, who shall be appointed by the Governor, by and with the advice and consent of the Senate, and who shall continue in office during the term of service of the Governor.  He shall authenticate the publication of the laws, and keep a fair register of all official acts and proceedings of the Governor, and shall, when required, lay the same and all papers, minutes and vouchers relative thereto, before the Legislature, or either House thereof, and shall perform such other duties as may be required of him by law.  He shall receive for his services an annual salary in an amount to be fixed by the Legislature.

Article 5, Section 1.  The judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law.

Article 5, Section 3-b.  The Legislature shall have the power to provide by law, for an appeal direct to the Supreme Court of this State from an order of any trial court granting or denying an interlocutory or permanent injunction on the grounds of the constitutionality or unconstitutionality of any statute of this State, or on the validity or invalidity of any administrative order issued by any state agency under any statute of this State.

Article 5, Section 10.  In the trial of all causes in the District Courts, the plaintiff or defendant shall, upon application made in open court, have the right of trial by jury; but no jury shall be empaneled in any civil case unless demanded by a party to the case, and a jury fee be paid by the party demanding a jury, for such sum, and with such exceptions as may be prescribed by the Legislature.

Article 5, Section 11.  No judge shall sit in any case wherein he may be interested, or where either of the parties may be connected with him, either by affinity or consanguinity, within such a degree as may be prescribed by law, or when he shall have been counsel in the case. 

Article 5, Section 12. (a) All judges of courts of this State, by virtue of their office, are conservators of the peace throughout the State.

(b) An indictment is a written instrument presented to a court by a grand jury charging a person with the Commission of an offense.  An information is a written instrument presented to a court by an attorney for the State charging a person with the Commission of an offense.  The practice and procedures relating to the use of indictments and informations, including their contents, amendment, sufficiency, and requisites, are as provided by law.  The presentment of an indictment or information to a court invests the court with jurisdiction of the cause.

Article 5, Section 15.  There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. 

Article 5, Section 16.  The County Court has jurisdiction as provided by law.  The County Judge is the presiding officer of the County Court and has judicial functions as provided by law.  County court judges shall have the power to issue writs necessary to enforce their jurisdiction.

Article 5, Section 17.  The County Court shall hold terms as provided by law.  Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law.  Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit.  A jury in the County Court shall consist of six men; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless he makes affidavit that he is unable to pay the same.

Article 5, Section 19.  Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such other jurisdiction as may be provided by law.  Justices of the peace shall be ex officio notaries public.

Article, Section 21.  A County Attorney, for counties in which there is not a resident Criminal District Attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the Governor, and hold his office for the term of four years.  In case of vacancy the Commissioners Court of the county shall have the power to appoint a County Attorney until the next general election.  The County Attorneys shall represent the State in all cases in the District and inferior courts in their respective counties; but if any county shall be included in a district in which there shall be a District Attorney, the respective duties of District Attorneys and County Attorneys shall in such counties be regulated by the Legislature.  The Legislature may provide for the election of District Attorneys in such districts, as may be deemed necessary, and make provision for the compensation of District Attorneys and County Attorneys.  District Attorneys shall hold office for a term of four years, and until their successors have qualified.

Article 8, Section 1-e.  1.  No State ad valorem taxes shall be levied upon any property within this State.

Article 15, Section 7.  The Legislature shall provide by law for the trial and removal from office of all officers of this State, the modes for which  have not been provided in this Constitution.

Article 16, Section 1.  (a) Members of the Legislature, and all other elected  officers, before they enter upon the duties of their offices, shall take  the following Oath or Affirmation:  "I,________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ________ of the State of Texas, and  will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God."

   (b) Each member of the Legislature and all other elected officers,  before taking the Oath or Affirmation of office prescribed by this  section and entering upon the duties of office, shall subscribe to the  following statement:  "I,________, do solemnly swear (or affirm) that I have not directly or  indirectly paid, offered, promised to pay, contributed, or promised to  contribute any money or thing of value, or promised any public office or  employment for the giving or withholding of a vote at the election at  which I was elected so help me God."

   (c) The Secretary of State, and all other appointed officers, before  entering upon the duties of their offices, shall take the following Oath  or Affirmation:  "I,________, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of ________ of the State of Texas, and  will to the best of my ability preserve, protect, and defend the  Constitution and laws of the United States and of this State, so help me God."

   (d) The Secretary of State, and all other appointed officers, before  taking the Oath or Affirmation of office prescribed by this section and  entering upon the duties of office, shall subscribe to the following  statement:  "I,________, do solemnly swear (or affirm) that I have not directly or  indirectly paid, offered, or promised to pay, contributed, or promised  to contribute any money, or valuable thing, or promised any public  office or employment, as a reward to secure my appointment or  confirmation thereof, so help me God."

   (e) Members of the Legislature and all other elected officers shall file the signed statement required by Subsection (b) of this section  with the Secretary of State before taking the Oath or Affirmation of  office prescribed by Subsection (a) of this section.

   (f) The Secretary of State and all other appointed officers shall  file the signed statement required by Subsection (d) of this section  with the Secretary of State before taking the Oath or Affirmation of  office prescribed by Subsection (c) of this section.

Article 16, Section 28. No current wages for personal service shall ever be subject  to garnishment, except for the enforcement of court-ordered child support payments.

Article 16, Section 40. No person shall hold or exercise at the same time, more than one civil office of emolument except that of the Justice of the Peace..... and other persons list in this section.

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UNITED STATES CODE

[Laws of the U.S. made by Congress, “codified” by being grouped by type (into one of fifty types), i.e. for example, Title 26USC is federal taxes—all the federal tax laws.  The Code is called a Title; you will see the number associated with the Codes (26USC) as well as its regulations (26CFR), but the main controlling document is found in the Federal Register.

{See Title 44USC, below, for an explanation of CFR.  CFRs are not always the same number as their Code.}]

Title 3  [The President]

§ 301. General authorization to delegate functions; publication of delegations

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President (1) any function which is vested in the President by law, or (2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

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TITLE 4 - FLAG AND SEAL, SEAT OF GOVERNMENT, AND THE STATES

THIS TITLE WAS ENACTED BY ACT JULY 30, 1947, CH. 389, SEC. 1, 61 STAT. 641

Chapt. 1. The Flag 

§ 1. Flag; stripes and stars on

The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be forty-eight stars, white in a blue field.

§ 2. Same; additional stars

On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission.

§ 3. Use of flag for advertising purposes; mutilation of flag

Any person who, within the District of Columbia, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding $100 or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words ''flag, standard, colors, or ensign'', as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America.

•CHAPTER 4 - THE STATES

§ 110. Same; definitions

As used in sections 105-109 of this title -

•(a) The term 'person' shall have the meaning assigned to it in section 3797 of title 26.

•(b) The term 'sales or use tax' means any tax levied on, with respect to, or measured by, sales, receipts from sales, purchases, storage, or use of tangible personal property, except a tax with respect to which the provisions of section 104 of this title are applicable.

•(c) The term 'income tax' means any tax levied on, with respect to, or measured by, net income, gross income, or gross receipts.

•(d) The term 'State' includes any Territory or possession of the United States.

•(e) The term 'Federal area' means any lands or premises held or acquired by or for the use of the United States or any department, establishment, or agency, of the United States; and any Federal area, or any part thereof, which is located within the exterior boundaries of any State, shall be deemed to be a Federal area located within such State.

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Title 5  [Government Organization and Employees]

§ 552. Public information; agency rules, opinions, orders, records, and proceedings

•(a) Each agency shall make available to the public information as follows:

(1) Each agency shall separately state and currently publish in the Federal Register for the guidance of the public -

Courts lose jurisdiction if they do not follow Due Process Law.

Title 5, US Code Sec. 556(d), Sec. 557, Sec.706:

Sec. 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision.

(d) Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. The agency may, to the extent consistent with the interests of justice and the policy of the underlying statutes administered by the agency, consider a violation of section 557(d) of this title sufficient grounds for a decision adverse to a party who has knowingly committed such violation or knowingly caused such violation to occur. A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. In rule making or determining claims for money or benefits or applications for initial licenses an agency may, when a party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form.

Sec. 706. Scope of review

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall -

• (1) compel agency action unlawfully withheld or unreasonably delayed; and
• (2) hold unlawful and set aside agency action, findings, and conclusions found to be -

·         (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

·         (B) contrary to constitutional right, power, privilege, or immunity;

·         (C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;

·         (D) without observance of procedure required by law;

·         (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the  record of an agency hearing provided by statute; or

·         (F) unwarranted by the facts to the extent that the facts are  subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.

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Title 12 - Banks and Banking

§ 411. Issuance to reserve banks; nature of obligation; redemption

Federal reserve notes, to be issued at the discretion of the Board of Governors of the Federal Reserve System for the purpose of making advances to Federal reserve banks through the Federal reserve agents as hereinafter set forth and for no other purpose, are authorized. The said notes shall be obligations of the United States and shall be receivable by all national and member banks and Federal reserve banks and for all taxes, customs, and other public dues. They shall be redeemed in lawful money on demand at the Treasury Department of the United States, in the city of Washington, District of Columbia, or at any Federal Reserve bank.

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Title 15  [Commerce and Trade]

§ 17. Antitrust laws not applicable to labor organizations

The labor of a human being is not a commodity or article of commerce. Nothing contained in the antitrust laws shall be construed to forbid the existence and operation of labor, agricultural, or horticultural organizations, instituted for the purposes of mutual help, and not having capital stock or conducted for profit, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, be held or construed to be illegal combinations or conspiracies in restraint of trade, under the antitrust laws.

§ 1671. Congressional findings and declaration of purpose

•(a) Disadvantages of garnishment

The Congress finds:

•(1) The unrestricted garnishment of compensation due for personal services encourages the making of predatory extensions of credit. Such extensions of credit divert money into excessive credit payments and thereby hinder the production and flow of goods in interstate commerce.

•(2) The application of garnishment as a creditors' remedy frequently results in loss of employment by the debtor, and the resulting disruption of employment, production, and consumption constitutes a substantial burden on interstate commerce.

•(3) The great disparities among the laws of the several States relating to garnishment have, in effect, destroyed the uniformity of the bankruptcy laws and frustrated the purposes thereof in many areas of the country.

•(b) Necessity for regulation

§ 1692. Congressional findings and declaration of purpose

•(a) Abusive practices

There is abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors. Abusive debt collection practices contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.

•(b) Inadequacy of laws

Existing laws and procedures for redressing these injuries are inadequate to protect consumers.

•(c) Available non-abusive collection methods

Means other than misrepresentation or other abusive debt collection practices are available for the effective collection of debts.

•(d) Interstate commerce

Abusive debt collection practices are carried on to a substantial extent in interstate commerce and through means and instrumentalities of such commerce. Even where abusive debt collection practices are purely intrastate in character, they nevertheless directly affect interstate commerce. •(e) Purposes

It is the purpose of this subchapter to eliminate abusive debt collection practices by debt collectors, to insure that those debt collectors who refrain from using abusive debt collection practices are not competitively disadvantaged, and to promote consistent State action to protect consumers against debt collection abuses.

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Title 18  [Crimes and Criminal Procedure]

§ 4. Misprision of felony

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

§ 8. Obligation or other security of the United States defined

The term ''obligation or other security of the United States'' includes all bonds, certificates of indebtedness, national bank currency, Federal Reserve notes, Federal Reserve bank notes, coupons, United States notes, Treasury notes, gold certificates, silver certificates, fractional notes, certificates of deposit, bills, checks, or drafts for money, drawn by or upon authorized officers of the United States, stamps and other representatives of value, of whatever denomination, issued under any Act of Congress, and canceled United States stamps.

§ 31. Definitions

"Motor vehicle" means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo;

§ 241. Conspiracy against rights

If two or more persons conspire to injure, oppress, threaten, or intimidate any inhabitant of any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured -

They shall be fined not more than $10,000 or imprisoned not more than ten years, or both; and if death results, they shall be subject to imprisonment for any term of years or for life.

§ 242. Deprivation of rights under color of law

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such inhabitant being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined not more than $1,000 or imprisoned not more than one year, or both; and if bodily injury results shall be fined under this title or imprisoned not more than ten years, or both; and if death results shall be subject to imprisonment for any term of years or for life.

§ 246. Deprivation of relief benefits

Whoever directly or indirectly deprives, attempts to deprive, or threatens to deprive any person of any employment, position, work, compensation, or other benefit provided for or made possible in whole or in part by any Act of Congress appropriating funds for work relief or relief purposes, on account of political affiliation, race, color, sex, religion, or national origin, shall be fined under this title, or imprisoned not more than one year, or both.

§ 600. Promise of employment or other benefit for political activity

Whoever, directly or indirectly, promises any employment, position, compensation, contract, appointment, or other benefit, provided for or made possible in whole or in part by any Act of Congress, or any special consideration in obtaining any such benefit, to any person as consideration, favor, or reward for any political activity or for the support of or opposition to any candidate or any political party in connection with any general or special election to any political office, or in connection with any primary election or political convention or caucus held to select candidates for any political office, shall be fined under this title or imprisoned not more than one year, or both. (Do People running for office promise to give people something if they will vote for them?)

§ 876. Mailing threatening communications

Whoever, with intent to extort from any person any money or other thing of value, knowingly so deposits or causes to be delivered, as aforesaid, any communication, with or without a name or designating mark subscribed thereto, addressed to any other person and containing any threat to injure the property or reputation of the addressee or of another, or the reputation of a deceased person, or any threat to accuse the addressee or any other person of a crime, shall be fined under this title or imprisoned not more than two years, or both.

§ 912. Officer or employee of the United States

Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value, shall be fined under this title or imprisoned not more than three years, or both.

§ 913. Impersonator making arrest or search

Whoever falsely represents himself to be an officer, agent, or employee of the United States, and in such assumed character arrests or detains any person or in any manner searches the person, buildings, or other property of any person, shall be fined under this title or imprisoned not more than three years, or both.

§ 1001. Statements or entries generally

Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both.

§ 1581. Peonage; obstructing enforcement

(a) Whoever holds or returns any person to a condition of peonage, or arrests any person with the intent of placing him in or returning him to a condition of peonage, shall be fined under this title or imprisoned not more than 20 years, or both.  If death results from the violation of this section, or if the violation includes kidnapping or an attempt to kidnap, aggravated sexual abuse or the attempt to commit aggravated sexual abuse, or an attempt to kill, the defendant shall be fined under this title or imprisoned for any term of years or life, or both.

(b) Whoever obstructs, or attempts to obstruct, or in any way interferes with or prevents the enforcement of this section, shall be liable to the penalties prescribed in subsection (a).

§ 2381. Treason

Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined not less than $10,000; and shall be incapable of holding any office under the United States.

§ 2382. Misprision of treason

Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.

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Title 22  [Foreign Relations and Intercourse]

§ 286. Acceptance of membership by United States in International Monetary Fund

The President is hereby authorized to accept membership for the United States in the International Monetary Fund (hereinafter referred to as the "Fund"), and in the International Bank for Reconstruction and Development (hereinafter referred to as the "Bank"), provided for by the Articles of Agreement of the Fund and the Articles of Agreement of the Bank as set forth in the Final Act of the United Nations Monetary and Financial Conference dated July 22, 1944, and deposited in the archives of the Department of State.

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Title 26  [Internal Revenue Code]

§ 7701. Definitions

(26) Trade or business

The term ''trade or business'' includes the performance of the functions of a public office.

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Title 28  [Judiciary and Judicial Procedure]

§ 1330. Actions against foreign states

•(a) The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) of this title as to any claim for relief in personam with respect to which the foreign state is not entitled to immunity either under sections 1605-1607 of this title or under any applicable international agreement. •(b) Personal jurisdiction over a foreign state shall exist as to every claim for relief over which the district courts have jurisdiction under subsection (a) where service has been made under section 1608 of this title. •(c) For purposes of subsection (b), an appearance by a foreign state does not confer personal jurisdiction with respect to any claim for relief not arising out of any transaction or occurrence enumerated in sections 1605-1607 of this title.

§ 1331. Federal question

The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.

§ 1332. Diversity of citizenship; amount in controversy; costs

•(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between -

•(1) citizens of different States; •(2) citizens of a State and citizens or subjects of a foreign state; •(3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and •(4) a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States. For the purposes of this section, section 1335, and section 1441, an alien admitted to the United States for permanent residence shall be deemed a citizen of the State in which such alien is domiciled.

•(b) Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $75,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and costs, the district court may deny costs to the plaintiff and, in addition, may impose costs on the plaintiff.

•(c) For the purposes of this section and section 1441 of this title –

•(1) a corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business, except that in any direct action against the insurer of a policy or contract of liability insurance, whether incorporated or unincorporated, to which action the insured is not joined as a party-defendant, such insurer shall be deemed a citizen of the State of which the insured is a citizen, as well as of any State by which the insurer has been incorporated and of the State where it has its principal place of business; and •(2) the legal representative of the estate of a decedent shall be deemed to be a citizen only of the same State as the decedent, and the legal representative of an infant or incompetent shall be deemed to be a citizen only of the same State as the infant or incompetent.

•(d) The word ''States'', as used in this section, includes the Territories, the District of Columbia, and the Commonwealth of Puerto Rico.

§ 1343. Civil rights and elective franchise

•(a) The district courts shall have original jurisdiction of any civil action authorized by law to be commenced by any person:

•(1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42; •(2) To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent; •(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing for equal rights of citizens or of all persons within the jurisdiction of the United States; •(4) To recover damages or to secure equitable or other relief under any Act of Congress providing for the protection of civil rights, including the right to vote.

•(b) For purposes of this section -

•(1) the District of Columbia shall be considered to be a State; and •(2) any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

§ 1361. Action to compel an officer of the United States to perform his duty

The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.

§ 1366. Construction of references to laws of the United States or Acts of Congress

For the purposes of this chapter, references to laws of the United States or Acts of Congress do not include laws applicable exclusively to the District of Columbia.

§ 1737. Copy of officer's bond

Any person to whose custody the bond of any officer of the United States has been committed shall, on proper request and payment of the fee allowed by any Act of Congress, furnish certified copies thereof, which shall be prima facie evidence in any court of the execution, filing and contents of the bond.

§ 2007. Imprisonment for debt

•(a) A person shall not be imprisoned for debt on a writ of execution or other process issued from a court of the United States in any State wherein imprisonment for debt has been abolished. All modifications, conditions, and restrictions upon such imprisonment provided by State law shall apply to any writ of execution or process issued from a court of the United States in accordance with the procedure applicable in such State. •(b) Any person arrested or imprisoned in any State on a writ of execution or other process issued from any court of the United States in a civil action shall have the same jail privileges and be governed by the same regulations as persons confined in like cases on process issued from the courts of such State. The same requirements governing discharge as are applicable in such State shall apply. Any proceedings for discharge shall be conducted before a United States commissioner for the judicial district wherein the defendant is held.

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Title 31 - Money and Finance

§ 3124. Exemption from taxation

•(a) Stocks and obligations of the United States Government are exempt from taxation by a State or political subdivision of a State. The exemption applies to each form of taxation that would require the obligation, the interest on the obligation, or both, to be considered in computing a tax, except -

•(1) a nondiscriminatory franchise tax or another nonproperty tax instead of a franchise tax, imposed on a corporation; and

•(2) an estate or inheritance tax.

•(b) The tax status of interest on obligations and dividends, earnings, or other income from evidences of ownership issued by the Government or an agency and the tax treatment of gain and loss from the disposition of those obligations and evidences of ownership is decided under the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). An obligation that the Federal Housing Administration had agreed, under a contract made before March 1, 1941, to issue at a future date, has the tax exemption privileges provided by the authorizing law at the time of the contract. This subsection does not apply to obligations and evidences of ownership issued by the District of Columbia, a territory or possession of the United States, or a department, agency, instrumentality, or political subdivision of the District, territory, or possession.

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Title 36  [Patriotic Societies and Observances]

§ 173. Display and use of flag by civilians; codification of rules and customs; definition

The following codification of existing rules and customs pertaining to the display and use of the flag of the United States of America is established for the use of such civilians or civilian groups or organizations as may not be required to conform with regulations promulgated by one or more executive departments of the Government of the United States. The flag of the United States for the purpose of this chapter shall be defined according to sections 1 and 2 of title 4 and Executive Order 10834 issued pursuant thereto.

§ 175. Position and manner of display

The flag, when carried in a procession with another flag or flags, should be either on the marching right; that is, the flag's own right, or, if there is a line of other flags, in front of the center of that line.

•(a) The flag should not be displayed on a float in a parade except from a staff, or as provided in subsection (i) of this section. •(b) The flag should not be draped over the hood, top, sides, or back of a vehicle or of a railroad train or a boat. When the flag is displayed on a motorcar, the staff shall be fixed firmly to the chassis or clamped to the right fender. •(c) No other flag or pennant should be placed above or, if on the same level, to the right of the flag of the United States of America, except during church services conducted by naval chaplains at sea, when the church pennant may be flown above the flag during church services for the personnel of the Navy. No person shall display the flag of the United Nations or any other national or international flag equal, above, or in a position of superior prominence or honor to, or in place of, the flag of the United States at any place within the United States or any Territory or possession thereof: Provided, That nothing in this section shall make unlawful the continuance of the practice heretofore followed of displaying the flag of the United Nations in a position of superior prominence or honor, and other national flags in positions of equal prominence or honor, with that of the flag of the United States at the headquarters of the United Nations. •(d) The flag of the United States of America, when it is displayed with another flag against a wall from crossed staffs, should be on the right, the flag's own right, and its staff should be in front of the staff of the other flag. •(e) The flag of the United States of America should be at the center and at the highest point of the group when a number of flags of States or localities or pennants of societies are grouped and displayed from staffs. •(f) When flags of States, cities, or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the latter should always be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No such flag or pennant may be placed above the flag of the United States or to the United States flag's right. •(g) When flags of two or more nations are displayed, they are to be flown from separate staffs of the same height. The flags should be of approximately equal size. International usage forbids the display of the flag of one nation above that of another nation in time of peace. •(h) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff unless the flag is at half staff. When the flag is suspended over a sidewalk from a rope extending from a house to a pole at the edge of the sidewalk, the flag should be hoisted out, union first, from the building. •(i) When displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right, that is, to the observer's left. When displayed in a window, the flag should be displayed in the same way, with the union or blue field to the left of the observer in the street. •(j) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street or to the east in a north and south street. •(k) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker. When displayed from a staff in a church or public auditorium, the flag of the United States of America should hold the position of superior prominence, in advance of the audience, and in the position of honor at the clergyman's or speaker's right as he faces the audience. Any other flag so displayed should be placed on the left of the clergyman or speaker or to the right of the audience. •(l) The flag should form a distinctive feature of the ceremony of unveiling a statue or monument, but it should never be used as the covering for the statue or monument. •(m) The flag, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be again raised to the peak before it is lowered for the day. On Memorial Day the flag should be displayed at half-staff until noon only, then raised to the top of the staff. By order of the President, the flag shall be flown at half-staff upon the death of principal figures of the United States Government and the Governor of a State, territory, or possession, as a mark of respect to their memory. In the event of the death of other officials or foreign dignitaries, the flag is to be displayed at half-staff according to Presidential instructions or orders, or in accordance with recognized customs or practices not inconsistent with law. In the event of the death of a present or former official of the government of any State, territory, or possession of the United States, the Governor of that State, territory, or possession may proclaim that the National flag shall be flown at half-staff. The flag shall be flown at half-staff thirty days from the death of the President or a former President; ten days from the day of death of the Vice President, the Chief Justice or a retired Chief Justice of the United States, or the Speaker of the House of Representatives; from the day of death until interment of an Associate Justice of the Supreme Court, a Secretary of an executive or military department, a former Vice President, or the Governor of a State, territory, or possession; and on the day of death and the following day for a Member of Congress. The flag shall be flown at halfstaff on Peace Officers Memorial Day, unless that day is also Armed Forces Day. As used in this subsection -

•(1) the term ''half-staff'' means the position of the flag when it is one-half the distance between the top and bottom of the staff; •(2) the term ''executive or military department'' means any agency listed under sections 101 and 102 of title 5; and •(3) the term ''Member of Congress'' means a Senator, a Representative, a Delegate, or the Resident Commissioner from Puerto Rico.

•(n) When the flag is used to cover a casket, it should be so placed that the union is at the head and over the left shoulder. The flag should not be lowered into the grave or allowed to touch the ground. •(o) When the flag is suspended across a corridor or lobby in a building with only one main entrance, it should be suspended vertically with the union of the flag to the observer's left upon entering. If the building has more than one main entrance, the flag should be suspended vertically near the center of the corridor or lobby with the union to the north, when entrances are to the east and west or to the east when entrances are to the north and south. If there are entrances in more than two directions, the union should be to the east.

§ 176. Respect for flag

No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor.

•(a) The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property. •(b) The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. •(c) The flag should never be carried flat or horizontally, but always aloft and free. •(d) The flag should never be used as wearing apparel, bedding, or drapery. It should never be festooned, drawn back, nor up, in folds, but always allowed to fall free. Bunting of blue, white, and red, always arranged with the blue above, the white in the middle, and the red below, should be used for covering a speaker's desk, draping the front of the platform, and for decoration in general. •(e) The flag should never be fastened, displayed, used, or stored in such a manner as to permit it to be easily torn, soiled, or damaged in any way. •(f) The flag should never be used as a covering for a ceiling. •(g) The flag should never have placed upon it, nor on any part of it, nor attached to it any mark, insignia, letter, word, figure, design, picture, or drawing of any nature. •(h) The flag should never be used as a receptacle for receiving, holding, carrying, or delivering anything. •(i) The flag should never be used for advertising purposes in any manner whatsoever. It should not be embroidered on such articles as cushions or handkerchiefs and the like, printed or otherwise impressed on paper napkins or boxes or anything that is designed for temporary use and discard. Advertising signs should not be fastened to a staff or halyard from which the flag is flown. •(j) No part of the flag should ever be used as a costume or athletic uniform. However, a flag patch may be affixed to the uniform of military personnel, firemen, policemen, and members of patriotic organizations. The flag represents a living country and is itself considered a living thing. Therefore, the lapel flag pin being a replica, should be worn on the left lapel near the heart. •(k) The flag, when it is in such condition that it is no longer a fitting emblem for display, should be destroyed in a dignified way, preferably by burning.

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Title 42  [The Public Health and Welfare], Chapter 7 - Social Security, SUBCHAPTER II

§ 408. Penalties

•(a) In general

Whoever -

•(1) for the purpose of causing an increase in any payment authorized to be made under this subchapter, or for the purpose of causing any payment to be made where no payment is authorized under this subchapter, shall make or cause to be made any false statement or representation (including any false statement or representation in connection with any matter arising under subchapter E of chapter 1, or subchapter A or E of chapter 9 of the Internal Revenue Code of 1939, or chapter 2 or 21 or subtitle F of the Internal Revenue Code of 1954) as to -

•(A) whether wages were paid or received for employment (as said terms are defined in this subchapter and the Internal Revenue Code), or the amount of wages or the period during which paid or the person to whom paid; or •(B) whether net earnings from self-employment (as such term is defined in this subchapter and in the Internal Revenue Code) were derived, or as to the amount of such net earnings or the period during which or the person by whom derived; or •(C) whether a person entitled to benefits under this subchapter had earnings in or for a particular period (as determined under section 403(f) of this title for purposes of deductions from benefits), or as to the amount thereof; or

•(2) makes or causes to be made any false statement or representation of a material fact in any application for any payment or for a disability determination under this subchapter; or

•(3) at any time makes or causes to be made any false statement or representation of a material fact for use in determining rights to payment under this subchapter; or

•(4) having knowledge of the occurrence of any event affecting

•(1) his initial or continued right to any payment under this subchapter, or (2) the initial or continued right to any payment of any other individual in whose behalf he has applied for or is receiving such payment, conceals or fails to disclose such event with an intent fraudulently to secure payment either in a greater amount than is due or when no payment is authorized; or

•(5) having made application to receive payment under this subchapter for the use and benefit of another and having received such a payment, knowingly and willfully converts such a payment, or any part thereof, to a use other than for the use and benefit of such other person; or

•(6) willfully, knowingly, and with intent to deceive the Commissioner of Social Security as to his true identity (or the true identity of any other person) furnishes or causes to be furnished false information to the Commissioner of Social Security with respect to any information required by the Commissioner of Social Security in connection with the establishment and maintenance of the records provided for in section 405(c)(2) of this title; or

•(7) for the purpose of causing an increase in any payment authorized under this subchapter (or any other program financed in whole or in part from Federal funds), or for the purpose of causing a payment under this subchapter (or any such other program) to be made when no payment is authorized thereunder, or for the purpose of obtaining (for himself or any other person) any payment or any other benefit to which he (or such other person) is not entitled, or for the purpose of obtaining anything of value from any person, or for any other purpose -

•(A) willfully, knowingly, and with intent to deceive, uses a social security account number, assigned by the Commissioner of Social Security (in the exercise of the Commissioner's authority under section 405(c)(2) of this title to establish and maintain records) on the basis of false information furnished to the Commissioner of Social Security by him or by any other person; or

•(B) with intent to deceive, falsely represents a number to be the social security account number assigned by the Commissioner of Social Security to him or to another person, when in fact such number is not the social security account number assigned by the Commissioner of Social Security to him or to such other person; or

•(C) knowingly alters a social security card issued by the Commissioner of Social Security, buys or sells a card that is, or purports to be, a card so issued, counterfeits a social security card, or possesses a social security card or counterfeit social security card with intent to sell or alter it; or

•(8) discloses, uses, or compels the disclosure of the social security number of any person in violation of the laws of the United States; shall be guilty of a felony and upon conviction thereof shall be fined under title 18 or imprisoned for not more than five years, or both.

•(b) Violations by certified payees

Any person or other entity who is convicted of a violation of any of the provisions of this section, if such violation is committed by such person or entity in his role as, or in applying to become, a certified payee under section 405(j) of this title on behalf of another individual (other than such person's spouse), upon his second or any subsequent such conviction shall, in lieu of the penalty set forth in the preceding provisions of this section, be guilty of a felony and shall be fined under title 18 or imprisoned for not more than five years, or both. In the case of any violation described in the preceding sentence, including a first such violation, if the court determines that such violation includes a willful misuse of funds by such person or entity, the court may also require that full or partial restitution of such funds be made to the individual for whom such person or entity was the certified payee.

•(c) Effect upon certification as payee; definitions

Any individual or entity convicted of a felony under this section or under section 1383a(b) of this title may not be certified as a payee under section 405(j) of this title. For the purpose of subsection (a)(7) of this section, the terms "social security number" and "social security account number" mean such numbers as are assigned by the Commissioner of Social Security under section 405(c)(2) of this title whether or not, in actual use, such numbers are called social security numbers.

•(d) Application of subsection (a)(6) and (7) to certain aliens

•(1) Except as provided in paragraph (2), an alien -

•(A) whose status is adjusted to that of lawful temporary resident under section 1160 or 1255a of title 8 or under section 902 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989, •(B) whose status is adjusted to that of permanent resident -

•(i) under section 202 of the Immigration Reform and Control Act of 1986, or •(ii) pursuant to section 1259 of title 8, or

•(C) who is granted special immigrant status under section 1101(a)(27)(I) of title 8, shall not be subject to prosecution for any alleged conduct described in paragraph (6) or (7) of subsection (a) of this section if such conduct is alleged to have occurred prior to 60 days after November 5, 1990.

•(2) Paragraph (1) shall not apply with respect to conduct (described in subsection (a)(7)(C) of this section) consisting of -

•(A) selling a card that is, or purports to be, a social security card issued by the Commissioner of Social Security,

•(B) possessing a social security card with intent to sell it, or

•(C) counterfeiting a social security card with intent to sell it.

•(3) Paragraph (1) shall not apply with respect to any criminal conduct involving both the conduct described in subsection (a)(7) of this section to which paragraph (1) applies and any other criminal conduct if such other conduct would be criminal conduct if the conduct described in subsection (a)(7) of this section were not committed.

Title 42 (cont.’), Chapter 21 – Civil Rights, SUBCHAPTER I - Generally

§ 1983. Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

§ 1985. Conspiracy to interfere with civil rights

•(1) Preventing officer from performing duties

If two or more persons in any State or Territory conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof; or to induce by like means any officer of the United States to leave any State, district, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties;

•(2) Obstructing justice; intimidating party, witness, or juror

If two or more persons in any State or Territory conspire to deter, by force, intimidation, or threat, any party or witness in any court of the United States from attending such court, or from testifying to any matter pending therein, freely, fully, and truthfully, or to injure such party or witness in his person or property on account of his having so attended or testified, or to influence the verdict, presentment, or indictment of any grand or petit juror in any such court, or to injure such juror in his person or property on account of any verdict, presentment, or indictment lawfully assented to by him, or of his being or having been such juror; or if two or more persons conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws;

•(3) Depriving persons of rights or privileges

If two or more persons in any State or Territory conspire or go in disguise on the highway or on the premises of another, for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws, or of equal privileges and immunities under the laws; or for the purpose of preventing or hindering the constituted authorities of any State or Territory from giving or securing to all persons within such State or Territory the equal protection of the laws; or if two or more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified person as an elector for President or Vice President, or as a Member of Congress of the United States; or to injure any citizen in person or property on account of such support or advocacy; in any case of conspiracy set forth in this section, if one or more persons engaged therein do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property, or deprived of having and exercising any right or privilege of a citizen of the United States, the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.

§ 1986. Action for neglect to prevent

Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action; and if the death of any party be caused by any such wrongful act and neglect, the legal representatives of the deceased shall have such action therefor, and may recover not exceeding $5,000 damages therein, for the benefit of the widow of the deceased, if there be one, and if there be no widow, then for the benefit of the next of kin of the deceased. But no action under the provisions of this section shall be sustained which is not commenced within one year after the cause of action has accrued.

§ 1989. United States magistrate judges; appointment of persons to execute warrants

The district courts of the United States and the district courts of the Territories, from time to time, shall increase the number of United States magistrate judges, so as to afford a speedy and convenient means for the arrest and examination of persons charged with the crimes referred to in section 1987 of this title; and such magistrate judges are authorized and required to exercise all the powers and duties conferred on them herein with regard to such offenses in like manner as they are authorized by law to exercise with regard to other offenses against the laws of the United States. Said magistrate judges are empowered, within their respective counties, to appoint, in writing, under their hands, one or more suitable persons, from time to time, who shall execute all such warrants or other process as the magistrate judges may issue in the lawful performance of their duties, and the persons so appointed shall have authority to summon and call to their aid the bystanders or posse comitatus of the proper county, or such portion of the land or naval forces of the United States, or of the militia, as may be necessary to the performance of the duty with which they are charged; and such warrants shall run and be executed anywhere in the State or Territory within which they are issued.

§ 1990. Marshal to obey precepts; refusing to receive or execute process

Every marshal and deputy marshal shall obey and execute all warrants or other process, when directed to him, issued under the provisions of section 1989 of this title. Every marshal and deputy marshal who refuses to receive any warrant or other process when tendered to him, issued in pursuance of the provisions of this section, or refuses or neglects to use all proper means diligently to execute the same, shall be liable to a fine in the sum of $1,000, for the benefit of the party aggrieved thereby.

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Title 44  [Public Printing and Documents], Chapter 15 – Federal Register and Code of Federal Regulations

§ 1501. Definitions

As used in this chapter, unless the context otherwise requires -

''document'' means a Presidential proclamation or Executive order and an order, regulation, rule, certificate, code of fair competition, license, notice, or similar instrument, issued, prescribed, or promulgated by a Federal agency;

''Federal agency'' or ''agency'' means the President of the United States, or an executive department, independent board, establishment, bureau, agency, institution, commission, or separate office of the administrative branch of the Government of the United States but not the legislative or judicial branches of the Government;

''person'' means an individual, partnership, association, or corporation; and

''National Archives of the United States'' has the same meaning as in section 2901(11) of this title.

§ 1505. Documents to be published in Federal Register

•(a) Proclamations and Executive Orders; Documents Having General Applicability and Legal Effect; Documents Required To Be Published by Congress. There shall be published in the Federal Register -

•(1) Presidential proclamations and Executive orders, except those not having general applicability and legal effect or effective only against Federal agencies or persons in their capacity as officers, agents, or employees thereof;

•(2) documents or classes of documents that the President may determine from time to time have general applicability and legal effect; and

•(3) documents or classes of documents that may be required so to be published by Act of Congress. For the purposes of this chapter every document or order which prescribes a penalty has general applicability and legal effect.

•(b) Documents Authorized To Be Published by Regulations; Comments and News Items Excluded. In addition to the foregoing there shall also be published in the Federal Register other documents or classes of documents authorized to be published by regulations prescribed under this chapter with the approval of the President, but comments or news items of any character may not be published in the Federal Register.

•(c) Suspension of Requirements for Filing of Documents; Alternate Systems for Promulgating, Filing, or Publishing Documents; Preservation of Originals. In the event of an attack or threatened attack upon the continental United States and a determination by the President that as a result of an attack or threatened attack -

•(1) publication of the Federal Register or filing of documents with the Office of the Federal Register is impracticable, or

•(2) under existing conditions publication in the Federal Register would not serve to give appropriate notice to the public of the contents of documents, the President may, without regard to any other provision of law, suspend all or part of the requirements of law or regulation for filing with the Office or publication in the Federal Register of documents or classes of documents. The suspensions shall remain in effect until revoked by the President, or by concurrent resolution of the Congress. The President shall establish alternate systems for promulgating, filing, or publishing documents or classes of documents affected by such suspensions, including requirements relating to their effectiveness or validity, that may be considered under the then existing circumstances practicable to provide public notice of the issuance and of the contents of the documents. The alternate systems may, without limitation, provide for the use of regional or specialized publications or depositories for documents, or of the press, the radio, or similar mediums of general communication. Compliance with alternate systems of filing or publication shall have the same effect as filing with the Office or publication in the Federal Register under this chapter or other law or regulation. With respect to documents promulgated under alternate systems, each agency shall preserve the original and two duplicate originals or two certified copies for filing with the Office when the President determines that it is practicable.

§ 1507. Filing document as constructive notice; publication in Federal Register as presumption of validity; judicial notice; citation

The contents of the Federal Register shall be judicially noticed and without prejudice to any other mode of citation, may be cited by volume and page number.

§ 1510. Code of Federal Regulations

•(a) The Administrative Committee of the Federal Register, with the approval of the President, may require, from time to time as it considers necessary, the preparation and publication in special or supplemental editions of the Federal Register of complete codifications of the documents of each agency of the Government having general applicability and legal effect, issued or promulgated by the agency by publication in the Federal Register or by filing with the Administrative Committee, and are relied upon by the agency as authority for, or are invoked or used by it in the discharge of, its activities or functions, and are in effect as to facts arising on or after dates specified by the Administrative Committee.

•(b) A codification published under subsection (a) of this section shall be printed and bound in permanent form and shall be designated as the ''Code of Federal Regulations.'' The Administrative Committee shall regulate the binding of the printed codifications into separate books with a view to practical usefulness and economical manufacture. Each book shall contain an explanation of its coverage and other aids to users that the Administrative Committee may require. A general index to the entire Code of Federal Regulations shall be separately printed and bound.

•(c) The Administrative Committee shall regulate the supplementation and the collation and republication of the printed codifications with a view to keeping the Code of Federal Regulations as current as practicable. Each book shall be either supplemented or collated and republished at least once each calendar year.

•(d) The Office of the Federal Register shall prepare and publish the codifications, supplements, collations, and indexes authorized by this section.

•(e) The codified documents of the several agencies published in the supplemental edition of the Federal Register under this section, as amended by documents subsequently filed with the Office and published in the daily issues of the Federal Register shall be prima facie evidence of the text of the documents and of the fact that they are in effect on and after the date of publication.

•(f) The Administrative Committee shall prescribe, with the approval of the President, regulations for carrying out this section.

•(g) This section does not require codification of the text of Presidential documents published and periodically compiled in supplements to Title 3 of the Code of Federal Regulations.

***

Title 50  [War and National Defense], Chapter 32 – Chemical and Biological Warfare Program

§ 1520. Use of human subjects for testing of chemical or biological agents by Department of Defense; accounting to Congressional committees with respect to experiments and studies; notification of local civilian officials

• (a) Not later than thirty days after final approval within the Department of Defense of plans for any experiment or study to be conducted by the Department of Defense, whether directly or under contract, involving the use of human subjects for the testing of chemical or biological agents, the Secretary of Defense shall supply the Committees on Armed Services of the Senate and House of Representatives with a full accounting of such plans for such experiment or study, and such experiment or study may then be conducted only after the expiration of the thirty-day period beginning on the date such accounting is received by such committees.
• (b)

·         (1) The Secretary of Defense may not conduct any test or experiment involving the use of any chemical or biological agent on civilian populations unless local civilian officials in the area in which the test or experiment is to be conducted are notified in advance of such test or experiment, and such test or experiment may then be conducted only after the expiration of the thirty-day period beginning on the date of such notification.

·         (2) Paragraph (1) shall apply to tests and experiments conducted by Department of Defense personnel and tests and experiments conducted on behalf of the Department of Defense by contractors.

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LETTER TO DPS

To:  Texas Depart­ment of Transportation, Chief Legal Counsel, 125 E. 11th St., Austin, TX 78701-2483

Dear Sir or Madam:

It is my intent to com­ply with all laws and stat­utes which apply to me. My concern is how the Texas Transportation Code is made to apply to me in my use of the com­mon ways in the pursuit of my personal business or for pleasure and not engaged in any commer­cial activity of transport­ing goods or passengers for hire.

We have been trained since childhood to believe that all auto­mobiles are “motor ve­hicles” and that owner­ship of such automobile is legitimized by apply­ing to the State for a “cer­tificate of title” and then registering the “certi­fied” “motor vehicle” by purchasing license plates from the County Tax Assessor. The fallacy is that words used in law may not mean what we normally take them to mean. Rather, they mean what they are defined to mean in the pertinent law.

In this case, we must comply with the defini­tions provided In the re­spective chapters of the Texas Transportation Code. To begin, I do not find the word “transpor­tation” listed in the in­dex of the Code, and it appears that the Code does not define the word. Relying then on Black’s Law Dictionary we find, “Transportation. The movement of goods or persons from one place to another, by a car­rier” followed by a num­ber of U. S. Supreme Court cases. Likewise, the word “carrier” is not listed in the index and appears not to be defined in the Code. Again rely­ing on Black’s, we find, “Carrier. Individual or organization engaged in transporting passen­gers or goods for hire. ‘Carrier’ means any person engaged In the transportation of pas­sengers or property by land, as a common, con­tract, or private car­rier, or freight for­warder as those terms are wed in the Inter­state Commerce Act, and officers, agents and employees of such car­riers. 18 U.S.C.A. § 831.”

Since the major headings of Titles in the Transportation Code re­late to Aviation, Navi­gation, Railroads, Road­ways, and Vehicles and Traffic, one might begin to suspect that the entire Code relates only to these various commer­cial activities and that an individual using an au­tomobile to travel on the public highways in pur­suit of his private affairs or for pleasure may not come under the Code’s authority at all. Study of the definitions provided in the Code confirms.

Chapter 501 is the codification of the Cer­tificate of Title Act. At §501.002 Definitions we find, “(14) ‘Motor vehicle’ means: (A) any motor driven or pro­pelled vehicle required to be registered under the laws of this state:” (underline added). The word “vehicle” remains to be defined, but it would appear from this that if an automobile is not “required to be reg­istered,” it would not meet the definition of “motor vehicle.”

Chapter 502, Regis­tration of Vehicles, pro­vides a different defini­tion of “motor vehicle,” - at §502.001 Defini­tions, (13) “Motor ve­hicle means a vehicle that is self propelled.”

The word “vehicle” is defined at “(24 ) ‘Ve­hicle’ means a device in or by which a person or property is or may be transported or drawn on a public high­way, other than a de­vice used exclusively on stationary rails or track.” The key word here is “transported” which means it is used in transportation, which in turn means that it is used to carry passengers or products for hire.

Continuing our search for the true mean­ing and application of the Code, we return to Chapter 501 Section 501.022. Certificate of Title Required. “(a) The owner of a motor vehicle registered In this state may not op­erate or permit the op­eration of the vehicle on a public highway until the owner obtains a certificate of title for the vehicle.” and “(b) A person may not oper­ate a motor vehicle reg­istered in this state on a public highway if the person knows or has reason to believe that the owner has not ob­tained a certificate of title for the vehicle.”

Since the word “vehicle” means a device used in transportation, none of this would apply to an automobile or truck not engaged in transporta­tion.

Section 502.002 Registration Required; General Rule states, “(a) The owner of a motor vehicle (etc.) ... shall apply for the registra­tion of the vehicle...” Again, the word “ve­hicle” means a devise used in transportation, so the ordinary use of an automobile or truck for private business or plea­sure would not be af­fected by this require­ment.

The clincher in this argument is found at Section 501.004, Applica­bility. “(a) This chap­ter applies to a motor vehicle owned by the state or political sub­division or the state.” (underline added). Since the meaning of statutes cannot be expanded to mean more than the clear meaning of the words of the statute, this negates any requirement im­posed upon anyone other than the Stare, its politi­cal subdivisions, and the “motor vehicles” owned by them.

(1.) Gould v. Gould, 245 US 151- "In the interpretation of stat­utes levying taxes it is the established rule not to extend their provisions by implication beyond the clear import of the language used, or to en­large their operation so as to embrace matters not specifically pointed out. In case of doubt, they are construed most strongly against the government and in favor of the citi­zen.”

(2.) United States v. Varbel, 780 F2d 758 on P.761 (9thCir.)- “We begin our interpretation by reading the statutes and regulations for their plain meaning.”

The plain meaning rule has its ori­gin in U.S. v. Missouri Pacific Railroad, 278 U.S. 269 (1929). There the Supreme Court stated that ‘where the language of an enactment is clear and construction accord­ing to its terms does not lead to absurd or imprac­ticable consequences, the words employed are to be taken as the final expression of the mean­ing intended’ ,..The prin­ciple was more recently affirmed in Dickerson v. New Banner Institute Inc. 460 U.S. 103 S.Ct. 986, 74 L.Ed.2d 815 (1983), where the Court stated, ‘In determining the scope of a statute, one is to look first at its language. If the language is (un)ambiguous, ... it is to be regarded as con­clusive unless there is a clearly expressed legis­lative intent to the con­trary.’

Chapter 521 relates to Driver’s Licenses and Certificates. Now we get into a serious play on words. In chapter 501 we found that a “motor ve­hicle” is one required to be registered; in 502, it is a “vehicle” that is self propelled; also in 502, vehicle means a devise for transportation of per­sons or property. “Sec­tion 521.001 Defini­tions (a) In this chapter (6) “License” means an authorization to oper­ate a motor vehicle that is issued under or granted by the laws of this state. The term in­cludes: (A) a driver’s license.” The terms “operate” and “motor ve­hicle” are not defined in Chapter 521; however, subsection (b) says, “A word or phrase that is not defined by this chapter but is defined by Subtitle C has the meaning in this chap­ter that is assigned by that subtitle.”

Subtitle C. Rules of the Road contains Chap­ter 541. Definitions. In Section 541.001 Per­sons. In this subtitle (1) “Operator” means, as used in reference to a vehicle, a person who drives or has physical control of a vehicle.” At Section 541.201. “Vehicles. In this sub­title (11) “Motor ve­hicle” means a self pro­pelled vehicle . ..“ and

(22) “Vehicle” means a device that can be used to transport or draw persons or property on a highway.” Therefore, a driver’s license is re­quired of one who is en­gaged in the commercial activity of “operating” a “vehicle” for the trans­portation of goods or persons for hire.

Significantly, the terms “automobile” and “travel” are not men­tioned in the Transpor­tation Code precisely because they are not commercial terms and therefore are not subject to the code.

The obvious ques­tion, then, is “Why would the legislature write this statute in this manner?” The answer lies in the many court cases protecting the right of individuals to use the common ways, (streets and highways) in pur­suit of their private busi­ness affairs or for plea­sure without regulation by the State. The statute had to be written in such a way as not to conflict with such cases as:

(1) “The streets of the cities of this country belong to the public. Pri­marily, every member of the public has the natu­ral right to the free use of such streets in the nor­mal pursuit of his pri­vate or personal business or pleasure.

...The right of the public at large to the free use of the streets is para­mount to the natural right of the individual,...

...The power of the city in exercising such control is limited only by the Constitution and general laws of the state,... But neither the Legislature nor the city commissioners has the power to take away or unreasonably abridge, the natural rights of the citizen to the use of the streets in the manner and for the purposes we have set forth above.,, City of San Antonio v. Fetzer, 241 SW 1034; See also United States v. Guest, 383 US 745, 16 L 2d 239.

(2)        “In all the States from the begin­ning down to the adop­tion of the Articles of Confederation the citi­zens thereof possessed the fundamental right, inherent in the citizens of all free governments, peacefully to dwell within the limits of their respective States, to move at will from place to place therein, and to have free ingress thereto and egress therefrom, with a consequent au­thority in the State to forbid and punish viola­tions of this fundamen­tal right. Corfield v. Corvell, 4 Wash. C.C 4 Wash. CC. House Cases, 16 Wall, 36,76.” See also United States v. Guest 383 US 745,16 L 2d 239.

(3.) “The right to travel is a part of the ‘lib­erty of which the citizen cannot be deprived with­out due process of law under the Fifth Amend­ment. Freedom of move­ment across frontiers in either direction, and in­side frontiers as well, was a part of our heri­tage. Travel abroad, like travel within the coun­try, may be as close to the heart of the (378 U.S. 506) individual as the choice of what he eats, or wears, or reads. Free­dom of movement is ba­sic in our scheme of val­ues.” Kent v. Dulles. 357 U.S. 116, 125-126; 78 S.Ct. 1113. 1118-1119; 2 L.Ed. 2d 1204 (1958).

(4.) “Since this case involves a personal liberty protected by the Bill of Rights, we be­lieve that the proper ap­proach to legislation cur­tailing that liberty must be that adopted by this Court in NAACP v. But­ton, 371 U.S. 415, 8 S. Ct. 328, 9 L. Ed., 2d 405, and Thornhill v. Ala­bama. 310 U.S. 88, 60 S.

Ct. 736, 84 L. Ed. 1093. (S)ince freedom of travel is a constitutional liberty closely related to rights of free speech and asso­ciation, we believe that appellants should not be required to assume the burden of demonstrating that Congress could not have written a statute constitutionally prohib­iting their travel.” Aptheker v. Secretary of State, 378 U.S. 500, 505-506, 516-517; 84 S.Ct.1659, 1663, 1669; 12 L.Ed. 994 (1964).

(5.) “Right to move about freely and right to travel are pro­tected by Constitution.” State v. McBride, Wash. App. Div. 3, 1994, 873 P.2d 589,74 Wash. App. 460.

 (6.) “Freedom to move about is a basic right of citizens which was not added by enact­ment of first 10 amend­ments, but is inherent in Bill of Rights and in original constitution it­self.” Ervin v. State 1968,163 NW. 2d. 207; 41 Wis. 2d, 194.

(7.) “The use of the highway for the pur­pose of travel and trans­portation is not a mere privilege, but a common fundamental right of which the public and in­dividuals cannot right­fully be deprived.” Chi­cago Motor Coach v. Chicago, 169 N.E. 221.

(8.) “The right of the citizen to travel upon the public highways and to transport his property thereon either by car­riage or by automobile, is not a mere privilege which a city may pro­hibit or permit at will, but a common law right which he has under the right to life, liberty and the pursuit of happiness.” Thompson v. Smith, 154 S.E. 579.

(9.) ‘The right to travel is a welt-estab­lished common right that does not owe its exist­ence to the federal gov­ernment. It is recognized by the courts as a natural right.” Schactman v. Dulles, 96 App. D.C. 287; 225 F 2d, 938 at 941.

(10.) “The state cannot diminish the rights of the people.” Hertado v. California, 110 U.S. 516.

(11.) “Statutes that violate the plain and ob­vious principles of com­mon right and common reason are null and void.” Bennett v. Boggs, 1 Baldw. 60.

(12.) “The asser­tion of federal rigbts, when plainly and reason­ably made, is not to be defeated under the name of local practice.” Davis v. Wechsler, 263 U.S. 22 at 24.

(13.) “Where rights secured by the Constitution are in­volved, there can be no rule making or legisla­tion which would abro­gate them.” Miranda v. Arizona, 384 U.S. 36 at 491.

(14.) “The claim and exercise of a consti­tutional right cannot be converted into a crime.” Miller v. U.S., 230 F 486 at 489.

It is deemed that ten (10) days is sufficient time to comply with the above. If additional time is required, please so in­dicate in writing or by FAX when such compli­ance should be expected.

Sincerely,

_______________________

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DEFINITIONS

Abuse of Discretion – A failure to exercise a sound, reasonable, and legal discretion, a commission of an error of law by the trial court.

Appear - to be properly before a court, as a fact or matter which it can take place, to be in evidence to be proved, coming into court by the parties in a suit, whether plaintiff or defendant.

Appearance - a coming into court as a party to a suit. Either in person or by attorney, whether as a plaintiff or defendant, the formal proceeding by which a defendant submits himself  to the jurisdiction of the court. The voluntary submission to a court jurisdiction.

Attorn - to change from understanding to another, to twist.

Attorneys Oath - 1st - Highest Fiduciary Duty to the Supreme Court of Texas.  2nd. - Fiduciary Duty to Fellow Professionals.   3rd - Best of my ability to defend my client.   4th - Best of my ability to support the Constitution.

CARRIER

"An individual or organization engaged in transporting passengers or goods for hire."

Black's Law Dictionary – 6th Edition

"Carrier": "One undertaking to transport persons or property.  Windam v. Pace, 192 S.E. 271, 6 S.E.2d 270, 274; or one employed or engaged in the business of carrying goods for others for hire. Roeske v. Lamb, 39 N.M. 111, 41 P. .2d. 522, 523."

Black's Law Dictionary 4th Edition.

Charter - gives guidelines for which an entity to operate. (The public is directly or indirectly effected by what the Charter has in it. It may have rules which require a person to hop on one leg in a certain area.)

COMMERCE

Texas Transportation Code  Sec. 501.005.  Conflicts With Business & Commerce Code.

Chapters 1-9, Business & Commerce Code, control over a conflicting provision of this

chapter. (This shows that Chapter 501 is only commercial)

Corpus delicti – The substance or foundation of a crime.

Demur - The shifting of the burden. (end a statement with a question)

DRIVER

The term "driver" in contradistinction to "traveler," is defined as:

"Driver -- One employed in conducting a coach, carriage, wagon, or other vehicle..."

Bovier's Law Dictionary, 1914 ed., Pg. 940

"It will be observed from the language of the ordinance that a DISTINCTION is to be drawn between the terms "operator" and "driver"; the "operator" of the service car being the person who IS LICENSED to have the car upon the streets IN THE BUSINESS OF CARRYING PASSENGERS FOR HIRE; while the "driver" is the one who actually drives the car. However, in the actual PROSECUTION OF BUSINESS, it is possible for the same person to be both "operator" and "driver". (emph. added).

NEWBILL v. UNION INDEMNITY CO., 60 SW 2d 658.

Fictitious name. A counterfeit, alias, feigned, or pretended name taken by a person [or party who admits to be person], differing in some essential particular from his true name (consisting of Christian name and patronymic), with the implication that it is meant to deceive or mislead.

Black's Law Dictionary – 6th Edition

Jurisdiction - Power by which a court and a judge operates.

Jurisdiction, in personam. Power which a court has over a defendant’s person and which is required before a court can enter a personal or in personam judgment. It may be acquired by an act of the defendant within the jurisdiction under a law by which the defendant implicitly consents to the personal jurisdiction of the court.

Black's Law Dictionary – 6th Edition

Jurisdiction, In Rem - The presumed Thing or property which the action involves.

Jurisdiction, Subject Matter - The presumed Instrument(s) that has initiated the action.

Latches – Neglect to assert right or claim.

The word "license," means permission, or authority; and a license to do any particular thing; and if granted by a person having power to grant it, transfers to the grantee the right to do whatever it purports to authorize, (See) Gibbons v. Ogden, 22 US 1, 213.

Malfeasance - evil deeds.

Misfeasance -  Not doing what, by law, was meant for them to do.

"Motor vehicle" means every description or other contrivance propelled or drawn by mechanical power and used for commercial business purposes on the highways, byways, roads, streets, or thoroughfares herein the transportation of passengers, or passengers and property. Title 18 USC 31

"(14) "Motor vehicle" means: (A) any motor driven or propelled vehicle required to be registered under the laws of this state." Sec. 501.002, Texas Transportation Code

Texas Transportation Code Sec. 501.004.  Applicability.

*         (a) This chapter applies to a motor vehicle owned by the state or a political subdivision of the state.

Non-assumpsit – A plea by which the defendant avers that ‘he did not undertake’ or promise as alleged.

OPERATOR

Today we assume that a "traveler" is a "driver," and a "driver" is an "operator." However, this is not the case.

"It will be observed from the language of the ordinance that a distinction is to be drawn between the terms `operator' and `driver'; the `operator' of the service car being the person who is licensed to have the car on the streets in the business of carrying passengers for hire; while the `driver' is the one who actually drives the car. However, in the actual prosecution of business, it was possible for the same person to be both `operator' and `driver.'"

      Newbill v. Union Indemnity Co., 60 SE.2d 658

"Personal liberty-- consists in the power of locomotion, of changing situation, of removing one's person to whatever place one's inclination may direct, without imprisonment or restraint, unless by due course of law."

1 Blackstone's Comm. 134;

Hare-- Const. L. 777;

Bouvier's Law Dict. (l914);

Black's Law Dict. 5th Ed. (1983).

Plea in Abatement - An attempt to correct a mistake.

Presumption  - A conclusion derived from a particular set of facts based on law, rather than probable reasoning.  This is a legal term that means they assume something, e.g., is place, has happened, or gives them jurisdiction, as if you agreed or signed or are contracted, etc.---even when you have no idea it’s happened.  The law allows presumptions to be held UNTIL they are REBUTTED.  So speak up!!

Privilege is something that can only be lawfully done by obtaining a license to authorize it, and hence the business of exhibiting a circus, which can only be done by obtaining a license, is taxable as a privilege. (See) Robertson v. Heneger, 36 Tenn. (5 Sneed) 257, 258.

Prima Facie – At first sight, on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary.

PROHIBITION--Forbidden to do:...

BOUVIER'S LAW DICTIONARY (1914) P. 2739

IN PRO PER PROPRIA PERSONA

{In Pro Per Propria Persona}

In one's own proper person. It was formerly a rule in pleading that pleas to the jurisdiction of the court must be plead in propria persona, because if pleaded by attorney they admit the jurisdiction, and an attorney is an officer of the court, and he is presumed to plead after having obtained leave, which admits the jurisdiction.

PRUDENT – Practically wise, judicious, careful, discreet, circumspect, sensible.

REASONABLE – Fair, proper, just, moderate, suitable under the circumstances.

Relevancy - When relevancy of evidence becomes the fulfillment of the condition of fact, the court shall administer upon or subject to the introduction of evidence sufficient to support the finding of fulfillment of the condition. (like writing letters to gain information, which will make the fact of the documents relevant)

Relevant Evidence - Evidence having any tendency to make the existence of any Fact, that is any consequence to the determination at the action more probable or less probable than it would be without the evidence.

Subpoena Duces Tecum – (Latin: under penalty you shall bring with you) A writ directing a person to appear in court and to bring some document described in the writ.

Sui juris – Of his own right, possessing full social and civil rights, not under a power of another.

Straw man – (a.k.a., strawman)  A ‘front’; a person who is put up in name only to take part in a deal.

Tort Action - a suit under equity, Under chapter 175, you can sue a federal employee for doing something in their official capacity.

TORT Law  - General Law Violations - Bad Faith remedy for Damages

Tort Liability - 74 Am. Jur, Sec. 6-37  - Basis of liability - The primary concern of a law of force is the prudence of wrongful acts or omissions harmful to others.  Not every act causing injury to another is however actual.  The general test determines Tort liability is whether the defendant has disregarded a duty owed the plaintiff in causing such harm.  Acts giving rise to Tort Liability may be an unlawful act as in violation of a statute or ordinarily lawful act that is performed in such a manner that under such circumstances as to make it wrongful, as in the negligence failure to observe a standard of care prescribed by the law or an act that is a manner of public policy will give rise to liabilities without fault.  As in certain cases involving extra hazardous activity.  As in addition, a cause of action arises when one person by an act not in the exercise of a lawful right causes a loss or does damage to another with an intent to produce such harm without justifiable cause.  To be actionable the wrongful act of the defendant must:

1) infringe upon the legal rights of the plaintiff,

2) must approximately cause the injury complained of, interest protected by law in grace property, personal and political and family rights.  Contractual interest are a property right and a breach of contract may as well acts constituting a Tort when circumstances surrounding the contractual relationship give rise to a duty apart from performance of a contract.

Note:  Intent of the law of Torts have been said not to prefer something to the fact that the act itself is intensely done rather tortuous intent means the act of acts for the purpose of causing an invasion of another’s interest, or know that such an invasion is resulting or substantially certain to result from his or her conduct.  Set intent need not be motivated by ill will to the actuable; conversely the presence of a good writer or rather the absence evil motive does not render a lawful in act that is otherwise an invasion of another’s rights legally.  On the contrary, there are cases that have been stated that serval liabilities in Tort is determined by the conduct and not by the mental state of the court cuser.  However, just as in the case of negligence, it is essential in actions involving potential or malicious injury that the injury complained of be proximate results of the wrongful acts.  There is no liability for remote harm, even intentional force.

TRAFFIC--Commerce, trade, sale or exchange of merchandise, bills, money, and the like; the passing of goods and commodities from one person to another for and equivalent in goods or money...

BOUVIER'S LAW DICTIONARY, (1914) p. 3307.

"the word "traffic" is manifestly used here in a secondary sense, and has reference to the BUSINESS OF TRANSPORTATION rather than to it primary meaning of interchange of commodities." (emph. supplied)

ALLEN v THE CITY OF BELLINGHAM, 95 Wn 12, 163 P. 18.

"Transportation": "The removal of goods or persons from one place to another, by a carrier. Railroad Co. v. Pratt, 22 Wall. 133 22 L. Ed.827; Interstate Commerce Com'n v. Brisom, 14 S. Ct. 1125, 154 U.S. 447, 38 L. Ed. 1047; Gloucester Ferry Co. v. Pennsylvania, 5 S. Ct. 826, 114 U.S. 196, 29 L. Ed. 158."

Black's Law Dictionary 4th Edition.

The Transportation Code Act  is defined as:

 "An Act relating to the adoption of a non-substantive revision of statutes relating to transportation . . ."

"Traveler--one who passes from place to place, whether for pleasure, instruction, business, or health."

BOUVIER'S LAW DICTIONARY (1914) p. 3309.

TRAVELER: One who passes from place to place, whether for pleasure, instruction, business, or health.

TRAVEL: To go from one place to another unencumbered at some distance; to journey. Spoken within the voluntary change of place. Within the meaning of such a constitutional right to travel, means migration with intent to settle and abide. (See) Strong v. Collatos, D.C. Mass., 450 F. Supp. 1356, 1360.

"TRAVEL--to journey or to pass through or over; as a county, district, ROAD, etc. To go from one place to another, whether on foot, on horseback, or in any conveyance as a train, AN AUTOMOBILE, carriage, ship, or aircraft; make a journey."

CENTURY DICTIONARY p. 2034.

Traverse - agree to disagree; argue.

VEHICLE: "Term refers to every device in, upon, or by which a person or property is or may be transported upon a highway."  Black's Law (6th Ed.)

Venue – Location where it happened

Visit - (In International Law) the right of a cruiser or warship to stop a vessel sailing under an another flag upon the high seas., and until such officer of such vessel to ascertain whether the nationality is what it is suppose to be. Visitation, Inspection, Superintendent, Direction, and Regulation. (In the same since, you are using it—By Special Visitation—to check out the Venue and Jurisdiction of the Court (warship).)

 

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BADGES

People in power sometimes think this way, yes?  Or is that just in the movies?

"Badges?  We ain't got no badges.  We don't need no badges.  I don't have to show you any stinking badges!"

            --‘Gold Hat’/ Alfonso Bedoya in the movie, The Treasure of the Sierra Madre (John Huston, 1948; ‘Fred’/ Humphrey Bogart)

"Badges? We don't need no stinking badges!"

--‘Mexican Bandit’ in the movie, Blazing Saddles (Mel Brooks, 1974)

“What we’ve got here is…  failure to communicate.”

            --‘The Captain’/ Strother Martin, movie Cool Hand Luke, 1967 (‘Luke’/ Paul Newman)

Comments

Well, there you have it and this is just the tip of the iceberg. This is a good reference to keep on the computer for a quick search and in hard copy to read while you are on the pot, where your conscious mind can be educated while your subconscious mind can do its thing.

The information found in this study book may have mistakes, has mistakes where it is your job to find them. If you rely on the information presented as gospel, then it is your problem and not ours. As stated above, this will not be considered as legal advice and you should consult a competent attorney (good luck with that) before using any of the information found within.

Any information found above will be considered void where prohibited by law, as there are millions of laws in the books and we may have missed or may have misinterpreted one or two.

You have the permission of the San Jacinto Constitutional Study Group to forward this information freely as long as you send the compete book as written. When you find a mistake in the book, please add pages at the bottom of the book of the corrections found, by referencing the page in the book where the mistake was found and show what the correction should have been. If you can find a member of the SJCSG and give him/her a copy of the corrected book, we will create a newer version with the corrections and send it out again. Who knows, we may find more to add to it ourselves.

>Malo periculosam libertatem quam quietam servitutem

>[Rather a dangerous liberty than a peaceful servitude]

INDEX

                                                                                                            PAGES

11 AM. JUR., ............................................................................................................. 100

12 Am. Jur., .......................................................................................................... ............. 100, 148

16 Am. Jur., ....................................................................................................... 100, 101, 148

25 AM. JUR, ...................................................................................................... 101, 103, 148

Affidavit, ............................................................................................. 3, 25, 28, 30, 31, 32, 44, 45, 51, 58, 66, 78, 116

ALLEN v THE CITY OF BELLINGHAM, ................................................................ 142

ALSTON v. DEBRUYN, ........................................................................................... 63, 148

American Mutual Liability Ins. Co., vs. Chaput, ...................................................... 102, 148

Aptheker v. Secretary of State, ...................................................................................137, 148

Arch. Criminal Practice and Pleadings, ......................................................................... 48

Arrest, ......................................................................................................................... 24, 153

Article 1, Section 27., ................................................................................................... 114

Article 1, Section 29., ................................................................................................... 114

Article 5, Section 12., ................................................................................................... 116

Article 5, Section 17., ................................................................................................... 116

Bacon Service Corporation v. Huss, ......................................................................... 8, 13, 14

Baker v. State, ............................................................................................................. 39, 148

Barber v. State, .......................................................................................................... 102, 148

BARBOUR v. CONNOLLY, .................................................................................... 102, 148

BARBOUR v. WALKER, ......................................................................................... 102, 148

BARNEY v. BD OF RR COMM'RS, ........................................................................ 102, 148

BARNEY v. R.R. COMM'RS, ....................................................................................... 109

Bary v. United States, ................................................................................................ 102, 148

Bennett v. Boggs, ....................................................................................................... 137, 148

BLAIR v. BROADMORE, ........................................................................................ 106, 148

Board of Equalization v. General Dynamics Corp, ..................................................... 40, 148

Boon v. Clark, ............................................................................................................ 103, 148

BOYD v. US, ............................................................................................................. 102, 148

Brede v. Powers, ......................................................................................................... 105, 148

Bryars v. United States, .............................................................................................. 102, 148

BUCHANAN v. WARLEY, ...................................................................................... 107, 148

Calvert v. Adams, ......................................................................................................... 40, 148

Campbell v. State of Texas, ........................................................................................ 9, 103, 148

Carrier, ...................................................................................................................... 135, 138

CARY v. BELLINGHAM, ......................................................................................... 109, 149

Certificate of Service, ................................................................................................... 44, 45

Certificate of Title, .................................................................................................. 10, 19, 21, 22, 23, 134, 135

Charter, ........................................................................................................................... 138

Chauffeur, ......................................................................................................................... 6, 7, 8, 104

Chicago Motor Coach v. Chicago, .................................................................................. 103, 137, 150

CITY OF CARBONDALE v. WADE, ............................................................................ 6, 150

City of Dayton v. DeBrosse, ......................................................................................... 103, 150

City of Louisville v. Sebree, ......................................................................................... 103, 150

City of San Antonio v. Fetzer, ...................................................................................... 136, 150

City of Wichita Falls v. Bowen, ...................................................................................... 39, 150

Clerk, ................................................................................................................... 42, 43, 44, 45, 78, 79, 81, 88, 98

COHEN v. MEADOR, ................................................................................................... 106, 150

Commerce, ........................................................................................................... 19, 110, 120, 135, 138, 142, 153

Commercial Operator, ........................................................................................................... 6, 8, 9

INDEX

(Continued)

                                                                                                            PAGES

Complaint, ................................................................................................... 25, 27, 29, 30, 31, 32, 33, 34, 37,

 ..........................................................................................................41, 42, 44, 48, 50, 51, 63, 64, 67, 71, 81, 85,

 ...............................................................................................................................90, 91, 94, 102

Constructive Notice, ................................................................................................. 56, 57, 133

Contempt, .......................................................................................................... 56, 65, 94, 95, 96

Corfield v. Corvell, .................................................................................................... 137, 150

County of Harris v. Black, ........................................................................................... 47, 150

CUMMINS v. JONES, ............................................................................................... 108, 150

Curry v. State, ............................................................................................................... 39, 150

Davis v. City of Houston, ............................................................................................ 104, 150

Davis v. Wechsler, ....................................................................................................... 137, 150

Delegated Authority, ....................................................................................................... 2, 43, 96

DENT v. STATE OF WEST VIRGINIA, ...................................................................... 103

Dickerson v. New Banner Institute Inc., ........................................................................ 136

Discovery, .................................................................................................................... 50, 153

Douglas v. City of Jeannette,  ...........................................................................................104

Driver License, ............................................................................................................... 6, 10

Due process, .................................................................................................................... 41

EDWARDS v. CALIFORNIA, ...................................................................................... 103

Ervin v. State, ................................................................................................................. 137

Evidence, ................................................................................................................... 21, 76, 141

EX PARTE DICKEY, .................................................................................................... 104

EX PARTE STERLING, ................................................................................................ 109

Failure to Appear, ............................................................................................................. 27

Failure to Identify, ............................................................................................................ 23

Federal Register, ..................................................................................................... 118, 119, 132, 133, 134

Financial Responsibility, .................................................................................................. 21

Findings of Fact and Conclusions of Law, .................................................................... 77, 78, 82, 83

Florida Motor Lines v. Ward, ......................................................................................... 104

Frank John Callas v. State, ................................................................................................ 9

FROST 7 F. TRUCKING CO. v. R.R. COMM., ............................................................ 108

Garcia v. State, ................................................................................................................. 40

Gloucester Ferry Co. v. Pennsylvania, ............................................................................ 142

Goldsberg v. Kelly, ........................................................................................................... 40

Gompers v. Bucks Stove & Range Co., ............................................................................ 96

Gould v. Gould, ............................................................................................................... 135

GREEN v. SAN ANTONIO, ........................................................................................... 104

Gulf Offshore Co. v. Mobil Oil Corp., .............................................................................. 63

HADFIELD v. LUNDIN, ................................................................................................. 108

HAFER v. MELO, .............................................................................................................104

Hale v. Henkel, .................................................................................................................. 30, 104

Hassell v. State of Texas, ................................................................................................. 9, 104

Hertado v. California, ....................................................................................................... 137

Hicks v Feiock, .................................................................................................................. 96

HOKE v. HENDERSON, ................................................................................................. 105

Holloway v. State of Texas, .............................................................................................. 105

Human Subjects, ................................................................................................................. 134

Humble Oil & Refining Co. v. Calvert, .............................................................................. 40

HURTADO v. CALIFORNIA, ......................................................................................... 105

IN RE AUBREY, .............................................................................................................. 102

INDEX

(Continued)

                                                                                                            PAGES

Independent School Dist. of City of El Paso v. Central Education Agency,  ................40

Indictment, ................................................................................................. 28, 29, 30, 31, 32, 33, 37, 38, 48, 51, 52,

 ......................................................................................................................53, 54, 82, 93, 105, 112, 113, 116, 131

Information, ........................................................................................................... i, 1, 2, 3, 5, 9, 16, 23, 25, 28, 29,

 .......................................................................................................................30, 31, 32, 33, 34, 38, 42, 45, 48, 50, 51,

 .......................................................................................................................54, 57, 64, 69, 70, 71, 72, 73, 74, 82, 88,

 .......................................................................................................................91, 93, 95, 103, 104, 105, 113, 116, 119,

 ..............................................................................................................................129, 141, 143

Inspection, .............................................................................................................. 17, 18, 142

INTER-CITY COACH LINES v. HARRISON, ............................................................. 6

International Motor Transit Co. v. Seattle, .................................................................... 105

Jurisdiction, ............................................................................................................. ii, 28, 33, 34, 36, 37, 39,

 .................................................................................................................................43, 49, 87, 111, 139, 142, 153

Kazubowski v. Kazubowski, ............................................................................................ 41

Keith Brooks v. State, .................................................................................................... 9, 105

KENT v DULLES, ........................................................................................................... 105

Kent v. Dulles, .................................................................................................................. 137

Kolender v. Lawson, ....................................................................................................... 23, 105

Lasher v. State, ................................................................................................................... 39

License, .................................................................................................................... ii, 4, 5, 6, 7, 9, 10, 11, 12, 13, 17,

 ...................................................................................................................... 18, 19, 21, 22, 23, 24, 25, 56, 97, 102, 103,

 ....................................................................................................104, 105, 106, 107, 108, 110, 132, 134, 136, 139, 140

LIGARE v. CHICAGO, ..................................................................................................... 103

Mackin v. United States, .................................................................................................... 105

Main v. Thiboutot, ............................................................................................................. 106

Malfeasance, ...................................................................................................................... 139

Mandamus, ................................................................................................................. 43, 50, 59, 89

Marbury v. Madison, ......................................................................................................... 105

MEHLOS v. MILWAUKEE, ............................................................................................ 106

Meshell v. State, .................................................................................................................. 63

Michaelson v. United States ex rel. Chicago, St. P., M. & O. R. Co., ................................ 96

Miller v. U.S., .................................................................................................................... 106, 137

Miners & Merch. Bank v. Board of Supervisers, .............................................................. 106

Miranda v. Arizona, ........................................................................................................... 137, 106

Misfeasance, ...................................................................................................................... 139

MOORE v. RODDIE, ....................................................................................................... 106

Morrison v. State, .............................................................................................................. 106

Motion for a New Trial, ..................................................................................................... 77, 82, 85

Motor Vehicle, ..................................................................................................... 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17,

 ...............................................................................................................18, 19, 20, 21, 22, 23, 25, 103, 104, 105, 110,

 ...........................................................................................................................122, 134, 135, 136, 139

Mudook  v. Penn, ................................................................................................................ 106

NAACP v. Button, .............................................................................................................. 137

Neglect of duty, ................................................................................................................. 34, 64

Newbill v. Union Indemnity Co., ....................................................................................... 13, 139, 140

Non-assumpsit, .................................................................................................................... 139

Norton v. Shelby County, .................................................................................................. 48, 106

INDEX

(Continued)

                                                                                                            PAGES

Notice, ....................................................................................................... ii, 2, 8, 23, 24, 25, 35, 36, 40, 55, 57,

 ....................................................................................................................60, 64, 77, 81, 82, 89, 90, 150, 153

Notice to Appear, ........................................................................................................ 24, 25

Oath, ................................................................................................................. 65, 67, 68, 98, 99, 112, 117, 138

Objections, .................................................................................................................. 76, 153

Obligations of the United States, ............................................................................... 120, 126

Open Meetings Act, ...................................................................................................... 74, 75

Open Records Act, .................................................................................................... 69, 74, 75

Operator, ............................................................................................................ 6, 8, 9, 13, 14, 15, 20, 21, 22,

 ..............................................................................................................................25, 102, 103, 104, 139, 140

Order, ............................................................................................................. 4, 38, 43, 44, 46, 79, 89, 99, 126, 150

Owen v. Independence, ................................................................................................... 106

PACKARD v. BANTON, ............................................................................................ 106, 108

PANHANDLE EASTERN PIPELINE CO. v. STATE HIGHWAY COMMISSION, ... 107

PARLETT COOPERATIVE v. TIDEWATER LINES, ................................................. 109

Payne v. Massey, ............................................................................................................. 107

PEOPLE v. HENDERSON, ............................................................................................... 6

Person, ............................................................................................................ 1, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14,

 .........................................................................................................................15, 16, 18, 20, 21, 23, 24, 25, 27, 28, 29,

 .........................................................................................................................30, 32, 33, 42, 44, 47, 51, 52, 58, 59, 63,

 .........................................................................................................................64, 65, 66, 68, 69, 72, 73, 74, 75, 80, 90,

 .......................................................................................................................91, 93, 94, 95, 96, 97, 100, 102, 103, 104,

 ...................................................................................................................105, 108, 109, 111, 112, 113, 114, 116, 117,

 ....................................................................................................................118, 119, 121, 122, 123, 125, 126, 128, 129,

 ............................................................................................................130, 131, 132, 135, 136, 138, 139, 140, 141, 142

Pettit v. Penn, ......................................................................................................................... 41

Prieto Bail Bonds v. State, ..................................................................................................... 69

Prima Facie, ......................................................................................................................... 45, 140

Privacy Act, ........................................................................................................................... 5, 101

Promise to Appear, ............................................................................................................... 24, 25

R.R. COMMISSION v. INTER-CITY FORWARDING Co., .............................................. 109

Railroad Co. v. Pratt, ............................................................................................................. 142

RAWSON v. DEPT OF LICENSES, .................................................................................... 107

Registration, .................................................................................................................... 10, 19, 21, 135

RILEY v. LAWSON, ............................................................................................................. 107

Road Machine, ........................................................................................................................ 10, 12

ROBERTSON v. DEPARTMENT OF PUBLIC WORKS, .................................................... 107

Roeske v. Lamb, ...................................................................................................................... 138

ROSENBLATT v. CALIFORNIA STATE BD. OF PHARMACY, ........................................ 6

Sandel v. State, .......................................................................................................................... 40

Shachtman v. Dulles, ................................................................................................................ 4, 137

Sherar v. Cullen, ........................................................................................................................ 107

Shuttlesworth v. Birmingham Al., ............................................................................................. 108

SIMMONS v. US, ...................................................................................................................... 107

SIMON v. CRAFT, .................................................................................................................... 107

SLAUGHTER HOUSE CASES, ............................................................................................... 108

SMITH v. TEXAS, .................................................................................................................... 108

Special Appearance, ............................................................................................................... 27, 28, 31, 33, 43

Speed Limit, ................................................................................................................................ 14

Speed Signs, ............................................................................................................................... 14, 153

INDEX

(Continued)

                                                                                                            PAGES

STANDING, ................................................................................................................... 4

Stanek v. White, ........................................................................................................... 108

State Board of Dental Examiners v. Bickham, ............................................................... 63

STATE v. CITY OF SPOKANE, ................................................................................. 108

State v. Jackson, ............................................................................................................... 6

STATE v. JOHNSON, .................................................................................................. 108

State v. McBride, ........................................................................................................... 137

State v. Quigg, ............................................................................................................... 104

STATE v. SHERIDAN, ................................................................................................ 109

STEPHENSON v. BINFORD, .............................................................................. 107, 108, 109

Strong v. Collatos, ......................................................................................................... 142

TECHE LINES v. DANFORTH, ............................................................................... 104, 109

Texaco, Inc. v. Zah, ......................................................................................................... 62

The City of Dallas, Texas, Relator, v. The Honorable Ken Vaughan, .......................... 103

Thompson v. Smith, ................................................................................................ 104, 109, 137

Thomson v. Gaskill, ........................................................................................................ 47

Thornhill v. Alabama, .................................................................................................... 137

TIGHE v. OSBORN, ...................................................................................................... 109

TORT, ............................................................................................................................ 4, 141

Trinity Episcopal Corp. v. Romney, ................................................................................ 42

U.S. v. Cook, ................................................................................................................... 48

U.S. v. Smith, .................................................................................................................. 42

United Services Automobile Ass'n. v. Harman, .............................................................. 39

United States v. Bailey, ................................................................................................... 54

United States v. Bank of New York & Trust Co., ........................................................... 62

United States v. Bortnovsky, ............................................................................................ 54

United States v. Chavez, .................................................................................................. 54

United States v. Davidoff, ............................................................................................... 54

United States v. Earnhart, ................................................................................................ 54

United States v. Feola, ..................................................................................................... 53

United States v. GAF, Corp, ............................................................................................ 54

United States v. Guest, ................................................................................................ 136, 137

United States v. Koen, ....................................................................................................... 63

United States v. Madeoy, .................................................................................................. 53

United States v. Rogers, ................................................................................................... 54

United States v. Santoro, .................................................................................................. 54

United States v. Schwalby, ............................................................................................... 39

United States v. Varbel, .................................................................................................. 136

United States v. White, ..................................................................................................... 55

United States v. Williams, ................................................................................................ 54

Vaughn v. State,  .............................................................................................................. 42

Vector Research v. Howard, ............................................................................................ 110

Vehicle, ................................................................................................................ ii, 5, 8, 18, 22, 23, 25, 135, 136, 153

Venue, ....................................................................................................................... 4, 39, 100, 142

Washington AGO, ........................................................................................................ 102, 110

WESTERN ELECTRIC CO. v. PACENT REPRODUCER CORP., ............................... 6

WILLIS v. BUCK, .......................................................................................................... 102

Windam v. Pace, ............................................................................................................. 138

YICK WO v. HOPKINS SHERIFF, .............................................................................. 102

LEARN

FOR YOURSELF, FOR YOUR CHILDREN, FOR YOUR CHILDREN’S CHILDREN

APPENDIX B

LIST OF MODERN MOTIONS (2013)

Courtpapers.zip file will usually be sent with this book

MOTIONS-BY-NUMBER

Also including some reading articles and Affidavits, Notices, Objections & Brief

0001 – Front cover, if you make the affidavits, forms & articles here into a book.

0011 – Back (or internal) cover, if you make the affidavits, forms & articles here into a book.

0021 – Article (FYI):  Traffic Ticket Due Process. Carry this around and keep reading it.

0031 - Traffic Ticket OUTLINE:   book intro, including this book’s TABLE OF CONTENTS

0041 - Article (FYI):  Speed Signs – Article if it applies to your case.  Read this—and you could look up the cites.  This shows the law.

0051 – Article (FYI):  Pleading When Information Not Filed – (various legal cites the court doesn't want you to know).   Carry this around and keep reading it.  You could look up the cites—it's always better if you read it for yourself.  This really shows  what the law says—but you had no idea. [see #5 & 10, below]

0061- Property Rights Retained Even In Municipality (FYI)

0071 - Objection/Recusal - First Challenge

0081 - Objection/Recusal - Not informed of a Visiting Judge

0091 - Objection/Recusal - Not a Retired Judge

0101 - Notice for Complaint

0111 - Notice of Process from Citation

0121 - Notice of Lack Trial Court Jurisdiction

0131 - Notice (and Demand) for Information  ßMunicipal Courts may try to ignore this and just use Complaint

0141 - Request For Admissions

0151 - Request For Production of Documents

0161 - Radar Calibration Requirement

0171 - Radar Certification Procedure

0181 - Certificate Of Discovery (re:  if sending Discovery to Prosecutor)

0191 - Affidavit Denying a Corporation

0201 - Affidavit Denying Involvement in  Commerce

0301 - Plea to Jurisdiction and Motion To Dismiss

0311 - Motion to Set Aside Complaint

0321 - Motion to Set Aside Information ßif they even used one

0331 - Judicial Notice to Judge (Notice for Presiding Judge)

0341 - Motion For Nature & Cause of the Accusation

0351 - Motion For a Fair Trial

0361 - Motion for Following Rules

0371 - Motion to Dismiss or Give Me the Evidence the Prosecutor Claims to Have

0381 - Notice of Objection by Accused Per Article 1.14(b)

0391 - Motion in Limine

0401 - Motion For Prosecutor to Show Authority to Represent the State

0411 - Waive Trial By Jury

0421 - Motion for Continuance

0501 - Motion for a New Trial

0511 - Notes Concerning Motion for a New Trial

0521 - Motion For Arrest Of Judgment

0531 - Memorandum Of Law In Support Of Appeal Bond - Municipal Court

0541 - Memorandum Of Law In Support Of Appeal Bond - JP Court

0551 - Appeal Bond

0561 - Notice of Appeal

0571 - Recovery of Cost

MISTAKES FOUND IN THE BOOK

Dare To Make A Difference

Make The Courts Earn Their Money

Stand Up And Ask Why Am I Not Free To Assemble, Go To Church, Go To The Grocery Store, Go To The Movies, Go To The Doctor, Go To Work or To My Family’s Home Without Permission From The Government.

Ask Yourself Why, Then Ask The Courts Why.

Are We A People Who Loves Freedom or a People Who Accepts Slavery And Ask For Permission To Breath & Move Around?

Something Is Wrong When Public Servants Arrest Us When No Harm To Others or Property Has Occurred.

"If ye love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsels or arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that ye were our countrymen."

- Samuel Adams, speech at the Philadelphia

  State House, August 1, 1776.

Freedom Is The Only Answer To The Question Of Slavery

“My people are destroyed for lack of knowledge …”

Hosea 4:6