Date: Thu, 24 Feb 2000 17:48:49 -0500 From: Don Jaynes gypsyd-@toast.net Subject: [Fwd: Malfeasance and Fraud by the Toledo Municipal Corporation] To: nodeb-@bellsouth.net Hi Gene, I sent this Fritz Wenzel of the Toledo Blade. Fritz has a column and has been a friendly advocate of the Libertarians here in town. I have contacted two local television stations who have a "call to action" ideology for individuals in the surrounding area. I have also started correspondence with a local AM talk show. I have just begun to fight. The worst they can do is run my butt out of town, which would really be a blessing. I'll keep you posted on future events. Any suggestions would most appreciated. Yours In Freedom, Don Jaynes Date: Thu, 24 Feb 2000 17:39:28 -0500 From: Don Jaynes gypsyd-@toast.net To: frit-@theblade.com Subject: Malfeasance and Fraud by the Toledo Municipal Corporation Dear Fritz, I have enclosed two attachments to this brief commentary. One will be on Law definitions taken from Black's 6th Edition. The other will be case rulings and Statutory Acts. First off, one must know the law. It is expected of citizens of any state of the union. Now many will say that the "Law" is too overwhelming, complex and voluminous to have complete knowledge of it. I believe those individuals are correct from a realistic stand point, however, the "Court" expects the citizenry to know the law. I believe the Toledo Municipal Corporation, a null tiel, fictional entity, has imposed upon the fair people of Toledo a regulation that is not to be obeyed with the exception of the Employees of the Toledo Municipal Corp. The regulation that I'm talking about is the recent hand gun regulation that the City Council of Toledo has enacted. All codes, rules and regulations are applicable to the government authorities only! Rodrigues vs. Ray Donovan 769 F2d 1344, 1348 (1985) The Federal Administrative Procedures Act of 1946, Title 5 USC 1011, June 11, 1946, Ch 324, Section 12, 60 Stat 244, in the first and last sentences, the words, "This subchapter, Chapter 7, and sections 1305, 3105, 3344, 4301(2)(E), 5362, and 7521, and provisions of section 5225(a)(B) of this title relate to hearing examiners are substituted for 'this Act' to reflect the codification of the Act of this title." The words, " to diminish the constitutional rights of any person" are omitted as surplus usage as there is nothing in the Act that can be reasonably construed to diminish those rights and because A STATUTE MAY NOT OPERATE IN DEROGATION OF THE CONSTITUTION! If one will examine the definition of "code" in Blacks Law Dictionary, that individual will find the following: "a systematic collection or compendium or revision of laws, rules or regulations." To further break down what is being said here, one needs to find the meanings of compendium, revision of laws, rules and regulations. There is no definition for compendium in Blacks. Webster says that it is an, "(abridgment) A summary or abstract containing the essential information in a brief form. There is a definition of abridgment in Blacks which it states: "An epitome or compendium of another and larger work, wherein the principle ideas of the larger work are summarily contained. If the reader examines the above quote from the Federal Procedures Act of 1946, it looks like they threw out the baby and kept the bath water! In other words, one of the most important points made is left out in the codifying of this statute. But lets go on with the definitions. Revision of law has no definition in Blacks, also. There is a Revision of Statues which says the following: "revision of law" on any subject is a restatement of the law on that subject in a correlated or improved form which is intended as a substitute for the law as previously stated, and displaces and repeals former laws relating to same subject within purview. The quotation marks on revision of law are important to acknowledge for it means to direct the reader to an understanding that those words are used in a special sense. Go back to the definition of "code" because that is where it is pointing too. The fact is that codes do not revise statutes, statutes revise statutes. Blacks 6th Edition says this about rule: "An established standard, guide or regulation. A principle or regulation set up by authority prescribing or directing action or forbearance as the rules of a legislative body, of a company, a court, public office, of the law, of ethics." Now here comes the eye opener. The definition of "regulations" is the following:" Such as issued by various governmental departments to carry out the intent of law. Agencies issue regulations to guide the activity of those regulated by the agency and their own employees and to ensure uniform application of the law. REGULATIONS ARE NOT THE WORK OF THE LEGISLATURE AND DO NOT HAVE THE EFFECT OF LAW IN THEORY"! One can go further on this subject and look at the singular form of "regulation"; Blacks says this about it: "The act of regulating, a rule or order prescribed for MANAGEMENT, or GOVERNMENT. A regulating principle, a precept. Regulation is a rule or order having force of law issued by executive authority of the government. (e.g. by Federal Administrative Agency) Vileness v. Freeman OIL 370 Pad 307, 309. " Do I smell malfeasance and fraud being invoked upon the citizens of Toledo? Is everyone in the geographic boundaries of the Toledo Municipal Corporation its EMPLOYEES?! If they are, then where's my paycheck? "Assumption and presumption are just what they are -- law not with standing. Bailey vs. Alabama 7 Peters 219." How about this one people: " Where the rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them. Maranda vs Arizona 384, US 436, 491, 86 S.C.T. 1608. " Now I know what Mr. City Official is going to say to take the wind out of the sails; "We are under Home Rule in this municipality and we can make any rule that we want." Okay, show me in the Ohio Revised Code where Home Rule is an ability of a municipality? It is NOT. It is a form of government that is used by a TOWNSHIP. Is the Toledo Municipal Corporation now a Township? Do I smell malfeasance and fraud? Somebody please help me. Better yet, go look up the definition for malfeasance and fraud in Blacks Dictionary. This gets CONfusing! All codes, rules and regulations are applicable to the government authorities, ONLY! Hosea 4:6 "My people are destroyed for lack of knowledge: because thou hast rejected knowledge, I will also reject thee,..." Yours In Freedom, Brother Don Jaynes Vice Chair of the Libertarian Party Lucas and Wood County The Republic of Ohio Attachment (application/rtf)Law Definitions.rtf Attachment (application/rtf)Statutory Law and Cases.rtf Law Definitions Malfeasance -- Evil doing, ill conduct The doing of an act which is wholly wrongful. An act for which there is no authority or warrant of law. The unjust performance of some act which the party performing it has no right. Blacks Malfeasance -- wrongful or misconduct by a public official. Commission of an act that is positively unlawful. Webster Misconstrue -- construe wrongly; misinterpret; misunderstand Misconstruction - the noun of the verb misconstrue Fraud --- An intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. Blacks Code -- A systematic collection, compendium or revision of laws, rules or regulations. Blacks Compendium -- (abridgement) A summary or abstract containing the essential information in a brief form. Webster (no definition given in Blacks) Abridgement -- reduction; curtailment Webster Describes a work condensed from a larger work by omitting the less important parts. Abridgement -- condensation; contraction An epitome or compendium of another and larger work, wherein the principal ideas of the larger work are summarily contained. Blacks ...abridgement occurs when a legislative act either suppresses or substantially interfers with free speech. Keene v Meese D.C. Cal. 619 F. Supp. 1111, 1123 Revision of Statutes - "revision of law" on any subject is a restatement of the law on that subject in a correlated or improved form which is intended as a substitute for the law. As previously stated, and displaces and repeals former laws relating to same subject within purview. (quotation - words used in a special sense) Blacks Rule ----- An established standard, guide or regulation. A principle or regulation set up by authority prescribing or directing action or forbearance as the rules of a legislative body, of a company, a court, public office, of the law, of ethics. Blacks Regulation -- The act of regulating, a rule or order prescribed for management, or government. a regulating principle, a precept Regulation is a rule or order having force of law issued by executive authority of government (E.G. by Federal Administrative Agency) Villines v. Freeman OKL 370 P2d 307, 309 Regulations- Such are issued by various governmental departments to carry out the intent of law Agencies issue regulations to guide the activity of those regulated by the agency and of their own employees and to ensure uniform application of the law. Regulations are not the work of the legislature and do not have the effect of law in theory. Statutory Law and Cases 1) The Federal Administrative Procedures Act of 1946, Title 5 USC 1011, June 11, 1946, Ch 324, Section 12, 60 Stat 244 A STATUTE MAY NOT OPERATE IN DEROGATION OF THE CONSTITUTION. Legislative law, Stautory Law is in fact an extension of Maritime Law. 2) The 1946 Federal Administrative Procedures Act, Title 5 USC, Section 559, in sentence 2 requires that Administrative Law to be in compliance with and in conformity to the Constitution for the united States of America and the Common Law with all the prohibitions, restrictions, restraints, and limitations imposed by the enumerated bounds and boundaries. 3) All codes, rules and regulations are applicable to the government authorities only, not human/Creators in accordance with God's law. All codes, rules and regulations are unconstitutional and lacking in due process as applied to Sherwood T. Rodrigues. Rodrigues vs Ray Donovan (US Secretary of Labor) 769 F2d 1344, 1348 (1985) 4) All laws, rules and practices which are repugnant to the Constitution are null and void. Marbury vs Madison 2 Branch 137, 180 (1803) 5) Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them. Miranda vs Arizona 384, US 436, 491, 86 S.C.T. 1608 6) Assumption and presumption are just what they are -- law not with standing. Bailey vs Alabama 7 Peters 219 7) "... it might be correctly said that there is no such thing as a citizen of the United States. ... A citizen of any one of the States of the Union is held to be and called a citizen of the United States, although technically and abstractly there is no such thing. ... If we examine the language closely, and according to the rules of rigid construction always applicable to delegated powers, we will find that the power to naturalize in fact is not given to Congress, but simply the power to establish an uniform rule. . . . I have already shown there is no such thing, technically, as a citizen of the United States ... a distinction both in name and privileges is made to exist between citizens of the United States ex vi termini, and citizens of the respective States. To the former no privileges or immunities are granted ..." Ex Parte Knowles, July, 1855 ``The California State Supreme Court'' opinion DELIVERED BY Justice Heydenfeldt (Murray and Bryan concurring) A CITIZEN OF THE UNITED STATES IS THE SAME JURISTIC ARTIFICIAL DEAD ON PAPER ``person'' AS A ``UNITED STATES CITIZEN'': THE DECISION, ``Ex Parte Knowles'', HAS NOT BEEN OVERTURNED, ONLY NEGLECTED BY THE UNINFORMED.