Tags
Barke v. Maeyens, Church of the Holy Trinity v. United States, Frost Trucking v. Railroad Com., highest law is God, HJR-192. statutes are fiction, McFaul v. Ramsey, Shasta View Irrigation v. Amoco, Silvera v. Lockyer, Smothers v. Gresham, United States v. Seeger, VanHorne's Lessee v. Dorrance
(For Austin)
The Legislature cannot enact laws that violate Natural Law.
NOTE:Keep in mind . . . neither Man nor Woman can be denied the right to remedy by the common law, but the legislature can foreclose all of that bodies creations (contemplations of the legislative process) from access to the common law. This is of course, because the common law is exclusive to and serves the genus Man. The foreclosure of certain holdings of the courts made prior to 1938 is simply an admission by the legislature and judiciary that the implementation of HJR-192 created a forum wholly commercial and reduced to mere equitable consideration in its dealings. The genus Man i.e. a substantive and thereby biological property responsible wholly unto Him or Herself and particularly His or Her Creator. (Where the confusion manifests itself, lies with the legislature to craft the necessary fictitious instruments to traverse that no mans land that exists between substance and fiction. Man at all times moves in his natural person, He cannot be compelled to cross that chasm of legislative fiat, nor can he be compelled to enter that realm of the manipulation of Gods creations for the purpose to avoid the substantive common law, while at all times causing Man to erroneously believe that He must rely on mere fictitious instruments to move in the legislatively created ether of make believe and contemplations of law to the exclusion of the common and thereby, Natural law.
N.B.
Fiction yields to truth {Fictio cedit veritati};
Laws are made to prevent the stronger from having the power to do everything {Inde datæ leges ne fortior omnia posset; Dav. 36};
Favor ought not to be able to bend justice, power to break it, nor money to corrupt it; for not only if it be overborne, but if it be abandoned or negligently observed,no one can think that he holds anything securely, or that he will inherit any thing from his father, or be able to leave any thing to his children {Jus nec inflecti gratia, nec frangi potentia, nec adulterari pecunia potest; quod si non modo oppressum, sed desertum aut negligentia asservatum fuerit, nihil est quod quisquam se habere certum, aut a patre accepturum, aut liberis esse relicturum, arbitretur};
The law of God and the law of the land are all one; and both preserve and favor the common and public good of the land{Le ley de dieu et ley de terre sont tout un; et l’un et l’autre preferre et favour le common et publique bien del terre;Keilw. 191};
We can do nothing against truth {Nihil possumus contra veritatem; St. Albans, Doct. & Stu. Dial. 2, c. 6};
It is a miserable slavery where the law is vague or uncertain{Misera est servitus, ubi jus est vagum aut incertum};
All men are freemen or slaves {Omnes homines aut liberi sunt aut servi};
The thing speaks for itself {Res ipsa loquitur};
If you depart from the law, you will go astray, and all things will be uncertain to everybody {Si a jure discedas, vagus eris, et erunt omnia omnibus incerta; Coke, Litt. 227};
That is the highest law which favors religion{Summa est lex quæ pro religione facit;10 Mod. 117, 119; 2 Chanc. Cas. 18};
The torture or wresting of laws is the worst (kind of torture) {Tortura legum pessima};
One absurdity being allowed, an infinity follows {Uno absurdo dato, infinita sequuntur; 1 Coke, 102};
and that class of authority, infra:
Silvera v Lockyer No. 01-15098 (9th Cir. 05/06/2003) (The majority falls prey to the delusion—popular in some circles—that ordinary people are too careless and stupid to own guns, and we would be far better off leaving all weapons in the hands of professionals on the government payroll. But the simple truth—born of experience—is that tyranny thrives best where government need not fear the wrath of an armed people. Our own sorry history bears this out: Disarmament was the tool of choice for subjugating both slaves and free blacks in the South. In Florida, patrols searched blacks’ homes for weapons, confiscated those found and punished their owners without judicial process.
See Robert J. Cottrol & Raymond T. Diamond, The Second Amendment: Toward an Afro-Americanist Reconsideration, 80 Geo. L.J. 309, 338 (1991). What the Second Amendment prohibits is not reasonable regulation consistent with its purposes, but disarmament of the people.);
United States v. Seeger 380 U.S. 163, 172, 85 S.Ct. 850, 13 L.Ed.2d 733 (1965) (There is a higher loyalty than loyalty to this country, loyalty to God.)
Robin v. Hardaway, 1 Jefferson109, 114, 1 Va. Reports Ann. 58, 61 (1772) aff’d. Gregory v. Baugh, 29 Va. 681, 29 Va. Rep. Ann. 466, 2 Leigh 665 (1831) (Now all acts of legislature apparently contrary to natural right and justice, are, in our laws, and must be in the nature of things, considered as void. The laws of nature are the laws of God; whose authority can be superseded by no power on earth. A legislature must not obstruct our obedience to him from whose punishments they cannot protect us. All human constitutions which contradict his laws, we are in conscience bound to disobey. Such have been the adjudications of our courts of justice. And cited 8 Co. 118. a. Bonham’s case. Hob. 87; 7. Co. 14. a. Calvin’s case.);
Dr. Bonham’s Case, 8 Coke’s Reports 107, at 118 (1610) ([I]n many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void: for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such to be void.); aff’d. Robin v. Hardaway, 1 Jefferson 109, 114, 1 Va. Reports Ann. 58, 61 (1772);
Redfield v. Fisher,135 Ore. 180, 292 P. 813, 819 (1930) (The individual, unlike the corporation, cannot be taxed for the mere privilege of existing. The corporation is an artificial entity which owes its existence and charter powers to the state; but the individuals’ rights to live and own property are natural rights for the enjoyment of which an excise cannot be imposed. 26 R.C.L. Taxation § 209, p. 236; Cooley, Taxation (4th Ed.) § 1676; In re Opinion of the Justices, 195 Mass. 607, 84 N.E. 499.);
Swanson v. Fuline Corporation,248 F.Supp. 364, 369, 31 A.L.R. 246 (Or. 1965) (I might suggest that it would likewise be inequitable to hold one bound to a contract that was not mutually agreed upon by the parties thereto. The law merchant is harsh, but still it only enforces mutual agreements. A transferee’s participation in a fraud practiced upon the maker of note would constitute a lack of “good faith” on part of transferee of note.);
ORS 174.030
(Construction favoring natural right to prevail) (Where a statute is equally susceptible of two interpretations, one in favor of natural right and the other against it, the former is to prevail.);http://landru.leg.state.or.us/ors/174.html
Cf. Constitution of Oregon, Article 18, Section 7 (Former laws continued in force) (All laws in force in the Territory of Oregon when this Constitution takes effect, and consistent therewith, shall continue in force until altered, or repealed.); http://bluebook.state.or.us/state/constitution/orig/const.htm
Constitution of Oregon, Article I, Section 1 (1857) (Natural rights inherent in people) (We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper.); http://bluebook.state.or.us/state/constitution/orig/const.htmNam:
Equity never counteracts the laws {Æquitas nunguam contravenit legis};Equity follows the law {Æquitas sequitur legem};
Consent makes the law{Consensus facit legem};
Fiction yields to truth{Fictio cedit veritati}; We can do nothing against truth {Nihil possumus contra veritatem;St. Albans, Doct. & Stu. Dial. 2, c. 6};The law of God and the law of the land are all one; and both preserve and favor the common and public good of the land {Le ley de dieu et ley de terre sont tout un; et l’un et l’autre preferre et favour le common et publique bien del terre; Keilw. 191};
Fundamental principles require no proof {Principia probant; non probantur; 3 Coke, 40};
The thing speaks for itself {Res ipsa loquitur};
He who does not speak the truth freely is a traitor to the truth {Veritatem qui non liberè pronunciat, proditor veritatis; Coke, 4th Inst. Epil.};
Damage suffered by (knowing) consent is not a cause of action
{Volenti non fit injuria}; and the following concomitants ad infinitum: