1. Constitution of the United States and Bill of Rights not used in today's courts - forget about the true Article III courts.
Oaths of Office not available.
2. United States Senators vs. Senators of the United States Oaths not available
3. Uniform Commercial Code is supreme in today's courts
4. Federal Reserve and private bankers are supreme over the UCC
5. How to redeem your vehicles and right to travel - trying now in Alaska
6. Judge leaves courtroom as I attempt to put a Policeman under arrest - prosecutor leaves before I start.
7. Judge turns over the courtroom on the record and leaves. Prosecutor leaves courtroom after the judge.
8. The conversion process in the courts of the commercial instruments/presentments.
1. Put your Constitution of the United States and the Bill of Rights on the archive shelve. It has not been used for many decades.
Concerning the elusive TRUE Article III judges of the courts of the United States, there aren't any! If you look at Marbury v. Madison at 1 Cranch 137, you will find that the Senate confirms, then the President signs what is called a "Civil Commission" and then the document is taken to the Secretary of State for her signature, signature and recording of the civil commission. Then you have a judge empowered to exercise sovereignty of the "state" over your life, liberty and property and only then.
This was changed in 1888 and now the you can see this at 5 USC 2902. They have changed judicial officers (sic) to be recorded at the Attorney General's office and under the seal of the Attorney General vs. where it should be, being the Secretary of State. Excerpt of 5 USC 2902.
(c) The commissions of judicial officers and United States attorneys and marshals, appointed by the President, by and with the advice and consent of the Senate, and other commissions which before August 8, 1888, were prepared at the Department of State on the requisition of the Attorney General, shall be made out and recorded in the Department of Justice under the seal of that department and countersigned by the Attorney General. The departmental seal may not be affixed to the commission before the commission has been signed by the President.
I have a current offer of $1,000 for certified copies for each judge (Chief Judge Singleton, United States District Judge Holland, and United States Magistrate Judge Branson of the following: [ all Alaska folks]
a. 5 certified copies of their oath of Office under public seal in compliance with 1 Stat 122 and 2 Stat 298 (acts of congress)
b. 5 certified copies of their civil commission
c. 5 certified copies of their form 61 (employee document - not documented if used for judges)
Dawn Friello's telephone number is as follows: 202-502-1860
CALL HER PLEASE!!!!!
Dawn Friello's Fax - 202-502-1888
Administrative Office of the United State Courts, Article III Judges Division
I have a letter faxed from a Carol S. Sefren, Chief,Judges Compensation and Benefits Branch that states that the Administrative Office does not release copies of oaths, but this letter confirms the judges were appointed and have the proper oaths [trust her folks - but you can't see - ha]. The text of the oaths are at 28 USC §453 and 5 USC §3331
USC 28 Sec. 453. Oaths of justices and judges
-STATUTE Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of this office: ''I, _ _ _ _ _ _, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me s _ _ _ under the Constitution and laws of the United States. So help me God.''
USC 5 Sec. 3331. Oath of office
-STATUTE- An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: ''I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.'' This section does not affect other oaths required by law.
She also states that the Freedom of information Act does not apply to courts of the United States, which is true, but these are United States courts. See 5 USC §551(1)(B), 552(f)
2. I have a current offer of $1,000 dollars for the Oaths of Office for Senator Stevens, Senator Murkowski, and Representative Don Young [all Alaska folks] - 5 certified copies of their oath of office and 5 certified copies of their Certificate of Election.
Senator Stevens - 202-224-3004
Senator Murkowski - 202-224-6665
Representative Don Young - 202-225-5765
Call you senators for certified copies and see if you have any luck! They have refused to even fax me copies. If you check the National Archives, you will find that the seal is missing since 1866 on the Senators, Hmmm. Who are these folks? United States Senators are not the same as Senators of the United States. "Of" shows source, origin, relationship - and the article "the" is to a particular United States. The United States is used as the compounding of nouns as an adjective describing some type of Senator, but not a particular type of Senator.
3. The Uniform Commercial Code is supreme in the private courts of today. You can see this at you state level. Here is the National UCCand also links to your state.
§ 1-103. Supplementary General Principles of Law Applicable.
Unless displaced by the particular provisions of this Act, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud, misrepresentation, duress, coercion, mistake, Bankruptcy, or other validating or invalidating cause shall supplement its provisions.
Now a court case in Alaska can help you understand this concept that law and equity, etc. is supplement the UCC. This is the Alaska site of Alaska Statutes. Title 45 is the UCC. So add AS 45 to 01.103 [AS 45.01.103] and it reads like the national UCC.
These court case annotations ARE NOT ON THIS INTERNET SITE, but check it out.
"Code must be regarded as supreme. -- Where both the code and general principles are available, the former should always be considered and applied if applicable. By legislative declaration, the code is the law, and if general principles appear inconsistent, they must be considered displaced under this section. Moreover, even where inconsistencies does not exist, the code must be regarded as supreme; general principles, even when consistent with the code, are merely supplementary. Prince v. LeVan, 486 P.2d 959 (Alaska 1971)"
The code is modified in Alaska by the Governors Executive Orders and the Legislature.
4. The Federal Reserve [private banks and private bankers] are supreme over the Uniform Commercial Code. Of course most of us have never been invited to the Board of governors nor do we have the circulars in our possession. You can see this at the national level at Article 4A. 107.
§ 4A-107. FEDERAL RESERVE REGULATIONS AND OPERATING CIRCULARS.
Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this Article [the UCC we get to read] to the extent of the inconsistency.
Isn't this a nice peace of work. In Alaska, it is at AS 45.14.107.
5. Your vehicle has an automatic perfected security interest placed on them when you register them, but of course it isn't shown at the local UCC office. How nice of them to exclude the disclosure of this. From the Bankers Book of 1987 on types of Secured Transaction § 29-90 we find the following:
"§29-85 MOTOR VEHICLES
Motor vehicles require registration in most states and are subject of special state legislation that provides for the issuance of a certificate of title show the ownership interests in the vehicle. When this is the case, the Code rules on perfection of security interests are modified to accommodate the certificate-of-title requirements [UCC §9-302(3)] Security interest in the motor vehicle will be perfected only by notation of the security interest, in compliance with the certificate-of-title law of the jurisdiction on the certificate of title. The compliance with the special certificate-of-title requirements is then regarded by the Code as "equivalent to the filing of a financing statement" and will perfect the security interest in the vehicle.
*** Motor vehicle are not the only type of collateral subject to certificate-of-title statutes. There are statutes of this nature that apply to mobile homes, boats, farm tractors, trailers, and similar items."
***
Translated, when you register your vehicle, there is an automatic UCC 1 financial statement with a perfected security interest that is not show to the benefit of the state [we have not identified the entity with the perfected security interest yet as the state of Alaska is being very evasive - I wonder why? There is probably $10 Billion of vehicles being used as collateral for someone's benefit that we don't know on the CAFR's [comprehensive annual financial report - much closer to the true story on the states money] or Budget of State of Alaska.
I have been driving a blue pickup since July 4th, 1998 with no tags or registration and have been to jail several time for this. But I am learning.
I have now what I believe [BELIEVE] to be the answer to truly owning your vehicle. Currently, if you have it registered, you are in a government vehicle and are subject to all the rules they make up.
a. The perfected security interest goes on here in Alaska AS 45.09.302(8)(c) and (1) of (c). AS 28.10 in this section is the vehicle registration.
At the national level, you can see this at §9-302 (3)
b. The perfected security interest goes OFF at §9-103 (2) b "but in any event not beyond surrender of the certificate."
In Alaska you can see this at Title 45.09.103 (b)(1).
So you need to first file a UCC 1 on you vehicle, then you need to "surrender" the certificate of title, tags, registration to your local State Department of Vehicle, you can then have new tags made up that we are going to test that say "UCC 1 and the six digit number at the UCC such as 466890" We will give the police notice and go fight the battle. They want it registered, you have complied, but now you are the Creditor vs. the Debtor. Tell the guy to have a nice day and leave you alone. The tickets are on $75 dollars each and there are no points on your license. We can then arrest the policeman if he shows up in the presence of the magistrate in court, use the 4 questions and the final statement to fend them off, file criminal complaints in opposition to theirs, etc. Fun, Fun, Fun!!!!!!!!!
You can also file the UCC 1 on your vehicle, then surrender the stuff above, then wait a few days and get a NEW CERTIFICATE OF TITLE #, new tags, etc. Your UCC 1 in above theirs that is not shown and their ticket power is zero. It will be a fight, but a few of the Anchorage Policemen are beginning to listen. As a creditor, we should now be able to take the policeman's toys and house, as we can now make a "statement of claim." See Blacks 6th dictionary.
The authority of Anchorage, a municipal corporation for their PROPERTY is at the following: [ignore the heading as earlier in the title 9, it states that heading have no effect - just a ruse.] Title 9 - tickets, etc. apply only to government folks and their vehicles!
9.08.060 Applicability of traffic regulations to public employees.
The provisions of this title shall apply to the drivers of all vehicles owned or operated by the United States, the state or any borough, town, district or any other political subdivision of the state, subject to the specific exemptions as are set forth in this title or in the state Vehicle Code.
(CAC 9.08.060; AO No. 78-7)
Just some added information - you don't own your "property", i.e. your house etc. Here is the taxing authority in the Charter of Anchorage. Read 14 (c) very carefully and you will see that only the private interest in property OWNED or HELD [trust] is taxed.
ARTICLE XIV. TAXATION*
*State law reference(s)--Municipal property tax, AS 29.45.010--29.45.250.
Section 14.01.Taxing authority.
(a)The taxing power of the municipality is vested solely in the assembly. The taxing power may not be surrendered, delegated, suspended or contracted away except as provided by law.
(b)No sales tax ordinance is valid until ratified by three-fifths (3/5) of those voting on the question at a regular or special election.
(c)Private leaseholds, contracts or other interests in land or property owned or held by the United States, the state, or other political subdivisions shall be taxable only to the extent of the fair
market value of the private interest.
(Prop. 1 of 4-15-97 election, effective 5-30-97)
6. I have gotten so much information on the municipality of Anchorage and the State of Alaska that I can prove that the State of Alaska is not a government. See title 11.81.900 - definition of government. "STATE OF ALASKA" seems to be missing, but we have corporations under international treaty - my, my!
(26) "government" means the United States, any state or any municipality or other political subdivision within the United States or its territories; any department, agency, or subdivision of any of the foregoing; an agency carrying out the functions of government; or any corporation or agency formed under interstate compact or international treaty;
That the STATE OF ALASKA IS A public corporation operating in a Foreign Trade Zone.
Alaska Statutes 45.77.020 et seq.
(3) "public corporation" means the State of Alaska; a political subdivision of the state; a public authority, commission, agency, or corporate instrumentality of the state or of a political subdivision of the state; or any combination of these entities.
There are no policemen or state troopers that have a proper oath office. The troopers have a 'employee affidavit" that is in their personnel file, the municipal police purported take a Code of Ethics - hasn't appeared yet. But all of them are to take an oath of office arising under the Constitution of the State of Alaska Article 12 Section 5.
The Judges take an improper oath of office to the "Constitution of the United States of America" vs. the "Constitution of the United States" and on and on.
The short story is that there are no "public officers" with a sworn and SUBSCRIBED oath of office under public seal.
Therefore when I go into the courtroom, I can arrest the magistrate, judge, policeman, prosecutor, and clerk of court. One of the charges is impersonating a public officer - 6 months in jail and $1,000 fine. This is the minimum.
An added feature of this is that all of the courts are made up (fictional) as far as the names. Anchorage, as a municipal corporation has to have ALL THREE COMPONENTS OF A GOVERNMENT, legislative, executive, and judicial. The "District Court of Anchorage" is 100% fiction. There is no judicial system for "ANCHORAGE" in the charter or Anchorage code.
6. I went into a courtroom in Anchorage on 4th Avenue and the judge (sic) [really a magistrate]. I heard my name called and I went up and through the bar. I put my information that I was going to do battle with and turned to look to get started. The prosecutor had left the courtroom behind me in that short period of time. Judge Natalie Finn started her dialog and I asked her for her name several times. Finally she gave me her name. It was obvious that she wasn't going to answer questions that I was going to use against her, so I started to put the two APD police officers in the courtroom under arrest for impersonating a public officer in violation of Anchorage municipal penal code of 09.30.070. [They have no subscribed oath of an type to any constitution or country]. Before I could get the couple of sentences out, Judge Finn had left the courtroom. The complete incident was only a couple of minutes. The judge has a major problem, even if she is by in reality a mere magistrate under the criminal rules of the Alaska Rules of Court #56 definitions if she has information presented in her presence of a crime.
7. I arrested a judge verbally on June 30, 1999 in an anchorage courthouse, passed out information inside that the Anchorage police do not have any authority as they have no subscribed oath of office among other things, and papered all the police cars and other in a two block radius of the court house. The judge I presented with his unlawful Oath of Office smiled, and seemed quite surprised that anyone would challenge him. This stopped him for bit, but then he just proceeded forward. I knew if we were on to something, I would probably be arrested in 24 hours and sure enough, I was the next day.
I was stopped for no tags on my blue pickup that has been running with no corporate tags for over a year and I have in bright orange "Private Property" in place of the tags. I demanded to go before a magistrate, but the police officer called on his CELLULAR phone and was instructed to NO TAKE ME BEFORE A MAGISTRATE. I was taken to 6th avenue jail and via telephone talked to a magistrate. I placed him under arrest and the policeman to no avail - but it builds my record. I lost $1,000, did not have to give fingerprints [I refused and they let that slide - Hmmmm.] and let me go. We went back to APD headquarters and wanted my pickup back. They said it was impounded, but three of them refused to tell me on what charge. We then went the Prosecutors office on L street. He called and they refused to tell him. We then went to the MUNI building on 5th avenue and spoke with Police Chief's attorney. She called and later a "messenger" came out and said that my truck was involved in an "instrumentality of a crime." They had no charges of any type on my pickup. We picked it up the following day from the impound yard, but had to have it towed to my office on Tudor.
For thirty days, there was no charge given to me for going to jail for supposedly have no drivers license. The scam that they play is this. If you don't go to jail for no driver's license, you get a ticket. If you go to jail you do not get a ticket. IF you get a ticket, it will be to court that does not exist, being the "District Court of Anchorage." All municipal corporations are a minigovernment and have to have all three branches. Anchorage, does not have a judicial branch. In reality, they do not have in their charter[Anchorage] any police power either. Hmmmmmm.
So I went to court with no charges. The game is to "pickup your charges" on a table in the jurisdiction of the 'DISTRICT COURT FOR THE STATE OF ALASKA" [another fictional court name]. There was no paperwork on the table. The prosecutor volunteered to give me the charges. I did a NOTICE OF DISHONOR, PROTEST and refused to accept his instrument/presentment. The judge stopped cold, thought for a bit and then ordered me behind the bar. She did not know what to do if I had no contract - the paper with my printed name - that is sufficient in the world of commerce if I retain it.
She then proceeded to do the other people. She then said she had to sign some bench warrants - you bet. She was gone for a couple of minutes. She came in and did her statement that she was going to plead for me. I protested, objected and took exception. The prosecutor said I had other administrative matters to deal with pending. [you bet, I have 8 other tickets that I have returned to the mayor wanting to know were this court is (District Court of Anchorage). I can't go to court if you will not tell me in writing where it is. They have mailed the tickets back, I returned them again, and they mailed them back for third time. I am going to give them back again under a NOTICE OF DISHONOR as in UCC 3-503 and 3-505. The interesting thing is that they seem unable to proceed UNLESS I KEEP THE PAPERWORK. You bet, the negotiable paper!!!!
She then said I could do my STATEMENT [look that up in BLACKS 6TH - tons of statements - see also MATTER]. I started and she was up and leaving the courtroom. I protested and she said she did not have to be here and the court was on the record and she left. I did my say on the UCC and failure to state a claim on my pickup. The prosecutor [Mark Avery] proceeds to pack up ASAP and lower his head and he left also. I was left with two state troopers, two clerks, and 15 people to watch the show. What we think happened is that they concluded their private business and turned to courtroom over for public business.
Just some thoughts as what is really going on here.
In Blacks 6h,
COMPLAINT is in criminal law, a charge, preferred before a magistrate having jurisdiction.
PREFERRED is a "creditor with a perfected security interest"
NOW IT READS AS FOLLOWS: Complaint in criminal law, is a charge[debt], by a creditor with a perfected security interest before a magistrate having jurisdiction.
Magistrates are defined as all "judges, justices, etc" under the criminal rules of the Alaska Rules of Court. Arising under the Alaska Statutes at AS 22.15.120 (6): the powers of a magistrate require you written permission to proceed in misdemeanor, etc. With no contract, she could proceed. If you do not show up, then a bench warrant is issued and the word is "Attachment" in bench warrant and ATTACHEMENT then is defined under commercial law back to the three parts of an security agreement and is then said to "attach." You are an absconding debtor be to brought before the magistrate to have the debt collected.
The questions used are the following:
1. Who are you? [I need you name to contract with you]
2. Do you have a claim against me? [This is the to the judge]
3. Do you know anyone who has a claim against me? [usually they will no answer, if they do, ask them to swear in so that you can find out who has a claim against you.]
4. I request that the order of the court be released unto me. [ what am I doing here if there are no claims against me!]
5. If there is no more public business, I am leaving!
This information is from Elvick and others. It is working in Alaska as we test the different aspects of commercial law in the commercial law private courts.
8. This looks like where the conversion of the "undertaking" and "stipulation" is taking place.
ALASKA STATUTES
Sec. 45.70.010. Release and substitution of sureties.
A surety on an undertaking, bond, or stipulation, executed or given in a judicial proceeding or filed in a court in the state or given on behalf of or by a public officer, employee, or agent in connection with the duties or performance of the duties of office shall be released and discharged from liability on the undertaking, bond, or stipulation and new surety or sureties substituted when the principal, surety, or obligee files in the court or presents to a person authorized by law to
approve or accept on behalf of the obligee the undertaking, stipulation, or bond, a written application for discharge from the undertaking, stipulation, or bond, together with a new undertaking, stipulation, or bond, executed by a competent surety, qualified to act as a surety under the laws of the state, and conditioned as in the former undertaking, stipulation, or bond and providing that the surety accepts all liability theretofore or thereafter accruing under the former as well as the new undertaking, stipulation, or bond and stand in the place of and substitute for the surety on the former undertaking, stipulation, or bond.
Sec. 45.70.020. Discharge from liability.
Upon filing the new undertaking, stipulation, or bond, and the approval of it as to form, penalty, and surety, the former undertaking, stipulation, or bond, and the surety on it is immediately discharged from all liability in any manner or at any time arising or accruing. I will attempt to get this on my homepage if time permits.
JUST A VERY BRIEF OVERVIEW of COMMERCE!
Ralph Kermit Winterrowd 2nd
winter@alaska.net