Article View: sci.econ
Article #2876Federal Reserve, FDR, and Fascism
From: stephenh
Date: Sun, 31 Dec 1995 00:00
Date: Sun, 31 Dec 1995 00:00
3356 lines
159029 bytes
159029 bytes
I found this at http://www.alaska.net/~winter/jefferson.html - I highly
recommend this site it is full of excellent information and resources.
Through this site you can even consult the United States Codes, various
law dictionaries (Bouviers 1859 among others).
Have fun,
(name deleted)
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Country of Colorado
Our One Supreme Court
Common LawVenue; Original and Exclusive Jurisdiction;
Outside the District of Columbia,
In Fremont county jurisdiction , Colorado Republic
People, in and for the )
United States of America, ex rel, )
Plaintiff, )
Governor Roy Romer, )
Attorney General Gail Norton )
Colorado State Senators )
Colorado State Representatives ) Colorado 95-1
Colorado Supreme Court Judges )
Colorado Court of Appeals Judges )
Colorado District Court Judges )
All County Court Judges )
All County Commissioners )
All State Agencies )
All Elected or Appointed Officials )
et al. )
Defendant[s]. )
_________________________________________________________________
_________________________________________________________________
Petition de Droit
and
Command To Show Cause
Why the Emergency Statutes of the state should not be terminated,
along with the War and Emergency Powers of the United States.
FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS OF THE COLORADO
COMMON LAW JURY ACTING UNDER THE LAW OF NECESSITY
The Colorado Common Law Jury hereby gives "Judicial Notice" of their
absolute and inherent authority, and basis for making a Finding of
Fact s and Conclusions.
It is the intent of the Colorado Common Law Jury is to: re-establish
Colorado as a Sovereign, de jure State of the Freely Associated
Compact States for the United States of America (entering the Union on
the same footing as the original 13 States), as set forth within the
Constitution of 1787 and the Preamble of the Enabling Act for the
State of Colorado in 1876.
FIRST AUTHORITY AND BASIS
The Declaration Of Independence of July 4, 1776, which states in part:
"We hold these truths to be self-evident, that all men are created
equal; that they are endowed by their Creator with certain
unalienable rights; that among
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these are life, liberty, and the pursuit of happiness. That to
secure these rights, governments are instituted among men, deriving
their just powers from the consent of the governed; that whenever
any form of government becomes destructive of these ends, it is the
right of the people to alter or to abolish it, and to institute new
government, laying its foundation on such principles, and organizing
its powers in such form, as to them shall seem most likely to effect
their safety and happiness . . ."
SECOND AUTHORITY AND BASIS
The organic Constitution and the Bill of Rights.
AMENDMENT I
Congress shall make no law respecting an establishment of religion,
or prohibiting the free exercise thereof; or abridging the freedom
of speech, or of the press; or the right of the people peaceably to
assemble, and to petition the Government for a redress of
grievances.
AMENDMENT X
The powers not delegated to the United States the Constitution, nor
prohibited by it to the States, are reserved to the States
respectively, or to the people.
THIRD AUTHORITY AND BASIS
The Kentucky Resolution which states:
"Resolved that the several States composing the United States of
America, are not united on the principles of unlimited submission to
their general government; but that by Compact under the style and
title of a Constitution for the United States and of amendments
thereto, they constituted a general government for special purposes,
delegated to that government certain definite powers, reserving to
each State to itself the residuary mass of right to their own
self-government; and that whensoever the general government assumes
undelegated powers, its acts are unauthoritative void, and of no
force; that to this Compact each State acceded as a State and is an
integral party, its co-states forming as to itself the other party;
that the government
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created by this Compact was not made the exclusive or final judge of
the extent of the power delegated to itself since that would have
made ITS discretion, and not the Constitution, the measure of its
power; but that as in all other cases of Compact among parties
having no common judge, each party has an equal right to judge for
itself, as well of infractions as of the mode and measure of
redress."
FOURTH AUTHORITY AND BASIS
Complaint filed and served upon President Bill Clinton, Janet Reno, et
al. , and published in the Washington Times.
COMPLAINT People in and for the United States of America ex rel .,
hereby declare that there has been gross usurpation of Our National
Constitution and Bill of Rights, under pretense of a continuing
crisis of War and Emergency conditions, that have existed since the
Civil War and continues to exist in times of peace to the present
time. Senate report 93-549 says, "Since March 9, 1933, the United
States has been in a declared state of National Emergency." Title 12
U.S.C. 95(b) says that every order issued by the President since
March 4, 1933, or any order issued in the future is automatically
approved and confirmed. These powers being under the Authority of
the Act of October 6, 1917 as amended March 9, 1933 are strictly a
War Power. (See Stoehr vs. Wallace) This vast range of powers, taken
together, confers enough authority to rule the country without
reference to normal constitutional process. Wherefore, the People in
and for the United States of America, hereby demand that the
President (Bill Clinton) and the Attorney General (Janet Reno), show
cause within 60 days, why these unlawful powers being perpetrated
against the American People should not be terminated, and if they
should fail to show cause, then Our court with Original Jurisdiction
is to issue a Declaratory Judgment in favor of the American People,
and any and all further remedy it finds proper, against the above
named defendant(s).
Dated this 28 day of March 1995
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The Colorado Common Law Jury having convened on June 3 and 4, 1995, at
Wichita, Kansas, having heard testimony from Dr. Eugene Schroder, Pam
Beesley, State Senator Don Rogers, Byron Dale, Ed Petrowsky; and
having made an examination of Government's own certified documents, as
evidenced by Exhibits "1" through. "
We the Common Law Jury find as follows:
I. FINDINGS OF FACT
1) That on October 6, 1917, during World War I, Congress passed what
is commonly known as the ~Trading With The Enemy Act",
to wit:
"Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act shall
be known as the 'Trading with the enemy Act'.
"Sec. 2. That the word enemy,; as used herein, shall be deemed to
mean, for the purposes of such trading and of this Act-
"(a) Any individual, partnership, or other body of individuals, of
any nationality, resident within the territory (including that
occupied by the military and naval forces) of any nation with which
the United States is at war, or resident outside the United States
and doing business within such territory, and any corporation
incorporated within such territory of any nation with which the
United States is at war or incorporated within any country other
than the United States and doing business within such territory.
"(b) The government of any nation with which the United States is at
war, or any political or municipal subdivision thereof, or any
officer, official, agent, or agency thereof.
"(c) Such other individuals, or body or class of individuals, as may
be natives, citizens, or subjects of any nation with which the
United States is at war, other than citizens of the United
States,wherever resident or whereever doing business, as the
President, if he shall find the safety of the United States or the
successful prosecution of the war shall so require, may,
byproclamation, include within the term "enemy".
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Section 5. (b) "That the President may investigate, regulate, or
prohibit, under such rules and regulations as he may prescribe, by
means of licenses or otherwise, any transactions in foreign
exchange, export or earmarkings of gold or silver coin or bullion or
currency, transfers of credit in any form other than credits
relating solely to transactions to be executed wholly within the
United States);"
The Colorado Common Law Jury finds that "citizens of the United
States and their transactions" were exempted from this Act.
FINDING OF FACT
2) That on March 4, 1933 President Roosevelt, in his inaugural address
to the nation stated:
I am prepared under my constitutional duty to recommend the measures
that a stricken Nation in the midst of a stricken world may require.
These measures, or such other measures as the Congress may build out
of its experience and wisdom, I shall seek, within my constitutional
authority, to bring to speedy adoption.
But in the event that the Congress shall fail to take one of these
two courses, and in the event that the national emergency is still
critical, I shall not evade the clear course of duty that will then
confront me. I shall ask the Congress for the one remaining
instrument to meet the crisis -- broad Executive power to wage a war
against the emergency, as great as the power that would be given to
me if we were in fact invaded by a foreign foe.
The Common Law Jury finds that President Roosevelt was asking for
"broad Executive power to wage a war against the emergency, as great
as the power that would be given to me if we were in fact invaded by a
foreign foe."
and further find:
that the United States was not being invaded by a foreign foe nor was
the country in a state of rebellion.
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FINDING OF FACT
3) That on March 5, 1933 President Roosevelt asked for a special and
extraordinary session of Congress in Proclamation 2038. He called for
the special session of Congress to meet on March the 9th at noon.
A PROCLAMATION
Whereas public interests require that the Congress of the United
States should be convened in extra session at twelve o'clock, noon,
on the Ninth day of March, 1933, to receive such communications as
may be made by the Executive;
Now, Therefore, I, Franklin D. Roosevelt, President of the United
States of America, do hereby proclaim and declare that an
extraordinary occasion requires the Congress of the United States to
convene in extra session at the Capitol in the City of Washington on
the Ninth day of March, 1933 at twelve o'clock, noon, of which all
persons who shall at that time be entitled to act as members thereof
are hereby required to take notice.
In witness whereof, I have hereunto set my hand and caused to be
affixed the great seal of the United States.
Done at the City of Washington this Fifth day of March, in the year
of our Lord One Thousand Nine Hundred and Thirty-three, and of the
Independence of the United States the One Hundred and Fifty-seventh.
FRANKLIN D ROOSEVELT
By the President:
Cordell Hull
Secretary of State
[2038]
FINDING OF FACT
4) On March 6 the president called for a governors conference. In this
conference the governors passed a resolution pledging support for the
president in his call for emergency war powers.
RESOLUTION PROPOSED BY GOVERNOR WHITE
Resolved, That we look approvingly upon the President's plan for
better land utilization, as presented to us this morning, not only
as a measure for
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the conservation of the Nation's natural resources but also as an
effective step toward the relief of unemployment; and that we
severally pledge ourselves to use our best efforts to ascertain,
through proper surveys, the acreage that might be made available for
such a program in our respective States.
RESOLUTION PROPOSED BY GOVERNOR EHRINGHAUS
That this Conference desires to express its confidence in the
leadership of the President and its desire that he be granted
immediately by the Congress such broad powers as may be necessary to
enable the Executive to meet the present challenging emergency and
we, as Governors of the several States here assembled, hereby pledge
to him our wholehearted and sincere cooperation and support in his
efforts to rehabilitate the Nation and end the present terrible
depression.
RESOLUTION PROPOSED BY GOVERNOR COMSTOCK
That this Conference endorse the substitution of work-relief for
direct relief as expeditiously as possible.
That the Federal Government finance State workrelief programs under
State administration.
Roosevelt Papers Vol. 2, p. 23-24
FINDING OF FACT
5) Immediately following the governors pledge for support that same
day March 6, 1933 the president issued Proclamation #2039.
[Bank Holiday, March 6-9, 1933, Inclusive]
By The President Of
The United States Of America
A PROCLAMATION
Whereas there have been heavy and unwarranted withdrawals of gold
and currency from our banking institutions for the purpose of
hoarding; and
Whereas continuous and increasingly extensive speculative activity
abroad in foreign exchange has resulted in severe drains on the
Nation's stocks of gold; and
Whereas these conditions have created a national emergency; and
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Whereas it is in the best interests of all bank depositors that a
period of respite be provided with a view to preventing further
hoarding of coin, bullion or currency or speculation in foreign
exchange and permitting the application of appropriate measures to
protect the interests of our people; and
Whereas it is provided in Section 5(b) of the Act of October 6,
1917, (40 Stat. L. 411) as amended, "That the President may
investigate, regulate, or prohibit, under such rules and regulations
as he may prescribe, by means of licenses or otherwise, any
transactions in foreign exchange and the export, hoarding, melting,
or earmarkings of gold or silver coin or bullion or currency ***";
and
Whereas it is provided in Section 16 of the said Act "that whoever
shall willfully violate any of the provisions of this Act or of any
license, rule, or regulation issued thereunder, and whoever shall
willfully violate, neglect, or refuse to comply with any order of
the President issued in compliance with the provisions of this Act,
shall, upon conviction, be fined not more that $10,000, or, if a
natural person, imprisoned for not more than ten years or both;
***";
Now, therefore, I, Franklin D. Roosevelt, President of the United
States of America, in view of such national emergency and by virtue
of the authority vested in me by said Act and in order to prevent
the export, hoarding, or earmarking of gold or silver coin or
bullion or currency, do hereby proclaim, order, direct and declare
that from Monday, the sixth day of March, to Thursday, the ninth day
of March, Nineteen Hundred and Thirty Three, both dates inclusive,
there shall be maintained and observed by all banking institutions
and all branches thereof located in the United States of America,
including the territories and insular possessions, a bank holiday,
and that during said period all banking transactions shall be
suspended. During such holiday, excepting as hereinafter provided,
no such banking institution or branch shall pay out, export,
earmark, or permit the withdrawal or transfer in any manner or by
any device whatsoever, of any gold or silver coin or bullion or
currency or take any other action which might facilitate the
hoarding thereof; nor shall any such banking institution or branch
pay out deposits, make loans or discounts, deal in foreign exchange,
transfer credits from the United States to any place abroad, or
transact any other banking business whatsoever.
During such holiday, the Secretary of the Treasury, with the
approval of the President and under such regulations as he may
prescribe, is authorized and empowered (a) to permit any or all of
such banking institutions to perform any or all of the usual banking
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functions, (b) to direct, require or permit the issuance of clearing
house certificates or other evidences of claims against assets of
"banking institutions", and (c) to authorize and direct the creation
in such banking institutions of special trust accounts for the
receipt of new deposits which shall be subject to withdrawal on
demand without any restriction or limitation and shall be kept
separately in cash or on deposit in Federal Reserve Banks or
invested in obligations of the United States
As used in this order the term "banking institutions" shall include
all Federal Reserve banks, national banking associations, banks,
trust companies, savings banks, building and loan associations,
credit unions, or other corporations, partnerships, associations or
persons, engaged in the business of receiving deposits, making
loans, discounting business paper, or transacting any other form of
banking business.
In Witness whereof, I have hereunto set my hand and caused the seal
of the United States to be affixed.
Done in the City of Washington this 6th day of March 1 a.m. in the
year of our Lord One Thousand Nine Hundred and Thirty-three, and of
the Independence of the United States the One Hundred and
Fifty-seventh.
FRANKLIN D ROOSEVELT
By the President:
Cordell Hull
Secretary of State.
[No. 2039]
The Colorado Common Law Jury finds the Proclamation Executive Order
2039 made on March 6, 1933 is strikingly similar to the one made on
March 3 & 4 by the Federal Reserve Board. See -, Exhibit 30 & 31 which
implied that the citizens of the United States and their transactions
would not be effected . . . i.e. would not be considered enemies of
the United States.
The Colorado Common Law Jury further finds that the Proclamation
/Executive Order 2039 was worded in such a manner as to deliberately
mislead Congress and the Senate in order to secure their support for
the measure, knowing full well that Congress and the Senate would not
approve the measure if they knew that
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the people's transactions were to be effected and the people were to
be declared the same as the enemy.
FINDING OF FACT
6) That on March 9, 1933 President Roosevelt issued Executive order
2040, which states:
A PROCLAMATION
Whereas, on March 6, 1933, I, FRANKLIN D. ROOSEVELT, President of
the United States of America, by Proclamation declared the existence
of a national emergency and proclaimed a bank holiday extending from
Monday the 6th day of March to Thursday the 9th day of March, 1933,
both dates inclusive, in order to prevent the export, hoarding or
earmarking of gold or silver coin, or bullion or currency, or
speculation in foreign exchange; and
Whereas, under the Act of March 9, 1933, all Proclamations
heretofore or hereafter issued by the President pursuant to the
authority conferred by section 5(b) of the Act of October 6, 1917,
as amended, are approved and confirmed; and
Whereas, said national emergency still continues, and it is
necessary to take further measures extending beyond March 9, 1933,
in order to accomplish such purposes:
Now, therefore, I, Franklin D. Roosevelt, President of the United
States of America, in view of such continuing national emergency and
by virtue of the authority vested in me by Section 5(b) of the Act
of October 6, 1917 (40 Stat. L., 411) as amended by the Act of March
9, 1933, do hereby proclaim, order, direct and declare that all the
terms and provisions of said Proclamation of March 6, 1933, and the
regulations and orders issued thereunder are hereby continued in
full force and effect until further proclamation by the President.
In witness whereof I have hereunto set my hand and have caused the
seal of the United States to be affixed.
Done in the District of Columbia, this 9th day of March, in the Year
of our Lord One Thousand Nine Hundred and Thirty-three, and of the
Independence of the United States the One Hundredth and
Fifty-seventh.
FRANKLIN D ROOSEVELT
By the President:
Cordell Hull
Secretary of State.
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[No. 2040]
The Colorado Common Law Jury finds that the real purpose of Executive
Order 2040 on March 9, 1933 was to set in concrete the Executive Order
2039 of March 6, 1933, which was obtained without Congress and the
Senate knowing the full intent of the President and the Federal
Reserve Board. The intent was to place the American people and their
transactions in the same category as the "enemies."
We now look at Title I of the Act of March 9, 1933, Section 2 to find
the amended version of the Act.
AN ACT
To provide relief in the existing national emergency in banking, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the
Congress hereby declares that a serious emergency exists and that it
is imperatively necessary speedily to put into effect remedies of
uniform national application.
TITLE I
Section 1. The actions, regulations, rules, licenses, orders and
proclamations heretofore or hereafter taken, promulgated, made, or
issued by the President of the United States or the Secretary of the
Treasury since March 4, 1933, pursuant to the authority conferred by
subdivision (b) of section 5 of the Act of October 6, 1917, as
amended, are hereby approved and confirmed.
Sec. 2. Subdivision (b) of section 5 of the Act of October 6, 1917
(40 Stat. L. 411), as amended, is hereby amended to read as follows:
"(b) During time of war or during any other period of national
emergency declared by the President, the President may, through any
agency that he may designate, or otherwise, investigate, regulate,
or prohibit, under such rules and regulations as he may prescribe,
by means of licenses or otherwise, any transactions in foreign
exchange, transfers of credit between or payments by banking
institutions as defined by the President, and export, hoarding,
melting, or earmarking of gold or
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silver coin or bullion or currency, by any person within the United
States or any place subject to the jurisdiction thereof ...
From the amended version of Title I, as shown above we find it
critical to understand the following:
. . . "by any person within the United States or any place subject
to the jurisdiction thereof; . . ."
To further prove our point that Congress was deceived "not knowing the
full intent of the President and the Federal Reserve Board, we quote
from Congressional Record of March 9, 1933, and Congressman Mr.
McFadden states:
Mr. McFadden. "Mr. Speaker, I regret that the membership of the
House has had no opportunity to consider or even read this bill. The
first opportunity I had to know what this legislation is was when it
was read from the Clerk's desk. It is an important banking bill. It
is a dictatorship over finance in the United States.
" The Colorado Common Law Jury finds that the Act of March 9, 1933,
under Title IV, provided for the issuance of the new emergency
currency (See Exhibit 37) taken from Title IV, which stated in part:
"Upon the deposit with the Treasurer of the United States, (a) of
any direct obligations of the United States or (b) of any notes,
drafts, bills of exchange, or bankers' acceptances acquired under
the provisions of this Act, any Federal reserve bank making such
deposit in the manner prescribed by the Secretary of the Treasury
shall be entitled to receive from the Comptroller of the currency
circulating notes in blank, duly registered and countersigned."
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This says (emphasis ours): "Upon the deposit with the Treasurer of
the United States, (a) of any direct obligation of the United States .
. ." (a) is a direct obligation of the United States; it is a treasury
note, which is an obligation upon We, the People, to perform. It is a
taxpayer obligation.
Title IV goes on: "or (b) of any notes, drafts, bills of exchange or
bankers' acceptances . . " When you go to the bank and sign a note on
your home, that's a note. A note is a private obligation upon We, the
People. If the Federal Reserve Bank deposits either (a) public and/or
(b) private obligations of We, the People, with the Treasury, the
Comptroller of the currency will issue this circulating note endorsed
in blank, duly registered and countersigned, an emergency currency
based on the (a) public and/or (b) private obligations of the people
of the United States. In the Congressional Record of March 9, 1933
(Exhibit 38), we find evidence that our congressmen didn't have
individual copies of the bill to read, on which they were about vote.
A copy of-the bill was passed around for approximately 40 minutes.
Congressman McFadden made the comment:
"Mr. Speaker, I regret that the membership of the House has had no
opportunity to consider or even read this bill. The first
opportunity I had to know what this legislation is, was when it was
read from the clerk's desk. It is an important banking bill. It is a
dictatorship over finance in the United States. It is complete
control over the banking system in the United States . . . It is
difficult under the circumstances to discuss this bill. The first
section of the bill, as I grasped it, is practically the war powers
that were given back in 1917."
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Congressman McFadden later states:
"I would like to ask the chairman of the committee if this is a plan
to change the holding of the security back of the federal Reserve
notes to the Treasury of the United States rather than the Federal
Reserve agent."
Prior to 1933, the Federal Reserve bank held our gold as security, in
return for Federal Reserve gold notes which we could redeem at any
time we wanted. Now, however, Congressman McFadden is asking if this
proposed bill is a plan to change who's going to hold the security,
from the Federal Reserve to the Treasury.
Chairman Steagall's response to Congressman McFadden's question, again
from the Congressional Record:
"This provision is for the issuance of Federal Reserve bank notes;
and not for Federal Reserve notes; and the security back of it is
the obligations, notes, drafts, bills of exchange, bank acceptances,
outlined in the section to which the gentleman has referred."
Taken from "Roosevelt's Papers", Volume 3, page 42
Although under existing law there is authority, by executive act, to
take title to the gold in the possession or control of the Reserve
Banks, this is a step of such importance that I prefer to ask the
Congress by specific enactment to vest in the United States
Government title to all supplies of American-owned monetary gold,
with provision for the payment therefor in gold certificates. These
gold certificates will be, as now, secured at all times dollar for
dollar by gold in the Treasury -- gold for each dollar of such
weight and fineness as may be established from time to time.
Such legislation places the right, title and ownership to our gold
reserves in the Government itself; it makes clear the Government's
ownership of any added dollar value of the country's stock of gold
which would result from any decrease of the gold content of the
dollar which may be made in the public interest. It would also, of
course, with equal justice, cast upon the Government the loss of
such dollar value if the public interest in the future should
require an increase in the amount of gold designated as a dollar.
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The title to all gold being in the Government, the total stock will
serve as a permanent and fixed metallic reserve which will change in
amount only so far as necessary for the settlement of international
balances or as may be required by a future agreement among the
Nations of the world for a redistribution of the world stock of
monetary gold.
Our gold was seized, the people were pennyless, and now our money
would be secured, not by gold, but by notes and obligations on which
the People were the collateral security.
AN ACT
To protect the currency system of the United States, to provide for
the better use of the monetary gold stock of the United States, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the short
title of this Act shall be the "Gold Reserve Act of 1934."
Sec. 2. (a) Upon the approval of this Act all right, title, and
interest, and every claim of the Federal Reserve Board, of every
Federal Reserve bank, and of every Federal Reserve agent, in and to
any and all gold coin and gold bullion shall pass to and are hereby
vested in the United States; and in payment therefor credits in
equivalent amounts in dollars are hereby established in the Treasury
in the accounts authorized under the sixteenth paragraph of section
16 of the Federal Reserve Act, as heretofore and by this Act amended
(U.S.C., title 12, sec. 467). Balances in such accounts shall be
payable in gold certificates, which shall be in such form and in
such denominations as the Secretary of the Treasury may determine.
All gold so transferred, not in the possession of the United States,
shall be held in custody for the United States and delivered upon
the order of the Secretary of the Treasury; and the Federal Reserve
Board, the Federal Reserve banks, and the Federal Reserve agents
shall give such instructions and shall take such action as may be
necessary to assure that such gold shall be so held and delivered.
Sec. 3. The Secretary of the Treasury shall, by regulations issued
hereunder, with the approval of the President, prescribe the
conditions under which gold may be acquired and held, transported,
melted or treated, imported, exported, or earmarked: (a) for
industrial, professional, and artistic use; (b) by the Federal
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Reserve banks for the purpose of settling international balances;
and, (c) for such other purposes as in his judgment are not
inconsistent with the purposes of this Act. Gold in any form may be
acquired, transported, melted or treated, imported, exported, or
earmarked or held in custody for foreign or domestic account (except
on behalf of the United States) only to the extent permitted by, and
subject to the conditions prescribed in, or pursuant to, such
regulations. Such regulations may exempt from the provisions of this
section, in whole or in part, gold situated in the Philippine
Islands or other places beyond the limits of the continental United
States.
Sec. 4. Any gold withheld, acquired, transported, melted or treated,
imported, exported, or earmarked or held in custody, in violation of
this Act or of any regulations issued hereunder, or licenses issued
pursuant thereto, shall be forfeited to the United States, and may
be seized and condemned by like proceedings as those provided by law
for the forfeiture, seizure, and condemnation of property imported
into the United States contrary to law; and in addition any person
failing to comply with the provisions of this Act or of any such
regulations or licenses, shall be subject to a penalty equal to
twice the value of the gold in respect of which such failure
occurred.
(2) So much of the third sentence of the second paragraph as
precedes the proviso is amended to read as follows: "The collateral
security thus offered shall be notes, drafts, bills of exchange, or
acceptances acquired under the provisions of section 13 of this Act,
or bills of exchange endorsed by a member bank of any Federal
Reserve district and purchased under the provisions of section 14 of
this Act, or bankers' acceptances purchased under the provisions of
said section 14, or gold certificates:"
Sec. 6. Except to the extent permitted in regulations which may be
issued hereunder by the Secretary of the Treasury with the approval
of the President, no currency of the United States shall be redeemed
in gold:
Sec. 13. All actions, regulations, rules, orders, and proclamations
heretofore taken, promulgated, made or issued by the President of
the United States or the Secretary of the Treasury, under the Act of
March 9, 1933, or under section 43 or section 45 of title III of the
Act of May 12, 1933, are hereby approved, ratified and confirmed.
Congress McFadden then questioned:
"Then the new circulation is to be Federal Reserve bank notes and
not Federal Reserve notes. Is that true?"
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Mr. Steagall replied:
"Insofar as the provisions of this section are concerned, yes."
We further find that the people are chattel. We have no rights; our
rights were suspended along with the Constitution. we became chattel
property to the corporate government; our transactions and
obligations, the collateral for the issuance of Federal Reserve bank
notes.
Congressman Patman, speaking from the Congressional Record (Exhibit
40):
"The money will be worth 100 cents on the dollar because it is
backed by the credit of the Nation. It will represent a mortgage on
all the homes and other property of all the people in the Nation."
The new money or credit became available only after the people became
the chattel. This was needed to back our monetary system. Our debts,
our obligations, our homes, our jobs -- we were now allegedly chattel
property for the system.
The Federal Reserve was taken over by the Treasury. The Treasury holds
the assets. We are the collateral -- ourselves and our property. To
summarize briefly: On March 9, 1933 the American people in all their
domestic, daily, and commercial transactions became the same as the
enemy. The President of the United States, through licenses or any
other form, was given the power to regulate and control the actions of
enemies. He made We, the People, chattel property; he seized our gold,
our property and our
-18-
rights; and he suspended the Constitution. And we know that current
law, to this day, says:
Sec. 95b. Ratification of acts of President and Secretary of the
Treasury under 95a The actions, regulations, rules, licenses, orders
and roclamations heretofore or hereafter taken, promulgated, made,
or issued by the President of the United States or the Secretary of
the Treasury since March 4, 1933, pursuant to the authority
conferred by subsection (b) of section 5 of the Act of October 6,
1917, as amended [12 USCS ss: 95a], are hereby approved and
confirmed.
(Mar. 9, 1933, c. 1, Title I, ss 1, 48 Stat. 1.)
FINDING OF FACT
7) That on May 12, 1933, Congress passed what is known as the
"Agricultural Adjustment Act," as shown in part below.
AN ACT
To relieve the existing national economic emergency by increasing
agricultural purchasing power, to raise revenue for extraordinary
expenses incurred by reason of such emergency, to provide emergency
relief with respect to agricultural indebtedness, to provide for the
orderly liquidation of joint-stock land banks, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I - AGRICULTURAL ADJUSTMENT
Declaration of Emergency
That the present acute economic emergency being in part the
consequence of a severe and increasing disparity between the prices
of agricultural and other commodities, which disparity has largely
destroyed the purchasing power of farmers for industrial products,
has broken down the orderly exchange of commodities, and has
seriously impaired the agricultural assets supporting the national
credit structure, it is hereby declared that these conditions in the
basic industry of agriculture have affected transactions in
agricultural commodities with a national public interest, have
burdened and obstructed the normal currents of commerce in such
commodities, and render imperative the immediate enactment of title
I of this Act. ...
Prior to the enactment of this legislation we learned from Roosevelt's
papers (see Exhibit 45):
-19-
"This conference of fifty farm leaders met on March 10, 1933. They
agreed on recommendations for a bill, which were presented to me at
the White House on March 11th by a committee of the conference, who
requested me to call upon the Congress for the same broad powers to
meet the emergency in agriculture as I had requested for solving the
bank crisis."
We find that President Roosevelt referring to "same broad powers to
meet the emergency in agriculture" were in fact the War Powers -- the
same authority he had used for solving the bank crisis.
We further find that from reading the first paragraph of the above
Act, that the purpose was to bring into effect millions of acres of
farm land and all of the agricultural assets to support the national
credit structure; remember the Gold had already been seized, therefore
mortgaged land and agriculture assets were needed to support the
emergency credit. The new money had to have something to support it,
therefore we find that agriculture and agricultural assets were seized
and nationalized. The government now claims a vested public
interest. The farming industry was nationalized.
We also find that anyone handling any agricultural products were
required to be licensed, as shown by Agricultural Adjustment Act of
May 12, 1933. See Exhibit 43.
"To issue licenses permitting processors, associations of producers
and others to engage in the handling, in the current of interstate
or foreign commerce, of any agricultural commodity or product
thereof"
This is the seizure of the agricultural industry by means of licensing
authority.
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We further find that pursuant to U.S. v. Butler ( Supreme Court),
1935 (Exhibit 59) the Supreme Court was correct in striking down the
Agricultural Adjustment Act.
"A tax, in the general understanding and in the strict
Constitutional sense, is an exaction for the support of government;
the term does not connote the expropriation of money from one group
to be expended for another, as a necessary means in a plan of
regulation, such as the plan for regulating agricultural production
set up in the Agricultural Adjustment Act."
The Court is saying that a tax can only be an exaction for the support
of government, not for an expropriation from one group for the use of
another.
Quoting further from United States v. Butler (Exhibit 60):
"The regulation of farmer's activities under the statute, though in
form subject to his own will, is in fact coercion through economic
pressure; his right of choice is illusory. Even if a farmer's
consent were purely voluntary, the Act would stand no better At best
it is a scheme for purchasing with federal funds submission to
federal regulation of a subject reserved to the states.
Speaking of contracts, those contracts are coercion contracts. They
are adhesion contracts made by a superior over an inferior. They are
under the belligerent capacity of government over enemies. They are
not valid contracts.
Again from United States v. Butler ( Exhibit 61):
"If the novel view of the General Welfare Clause now advanced in
support of the tax were accepted, this clause would not only enable
Congress to supplant the states in the regulation of agriculture and
all other industries as well, but would furnish the means whereby
all of the other provisions of the Constitution, sedulously framed
-21-
to define and limit the powers of the United States and preserve the
powers of the states, could be broken down, the independence of the
individual states obliterated, and the United States converted into
a central government exercising uncontrolled police power throughout
the union superseding all local control over local concerns."
Please, read the above paragraph again. The understanding of its
meaning is vital
The United States Supreme Court ruled the New Deal, the
nationalization, unconstitutional in the Agricultural Adjustment Act
and they turned it down flat. The Supreme Court declared it to be
unconstitutional. They said, in effect, "You're turning the federal
government into an uncontrolled police state, exercising uncontrolled
police power."
We further find in the first hundred days of the reign of Franklin
Delano Roosevelt, similar seizures by licensing authority were
successfully completed and made by the government over other industry,
i. e. transportation, communications, public utilities, securities,
labor, and all natural resources.
FINDING OF FACT
8) The Colorado Common Law Jury finds that Congress passed what was
known as the Industrial Recovery Act, which states in part:
TITLE I -- INDUSTRIAL RECOVERY Declaration of Policy Section 1. A
national emergency productive of widespread unemployment and
disorganization of industry, which burdens interstate and foreign
commerce, affects the public welfare, and undermines the standards
of
-22-
living of the American people, is hereby declared to exist. It is
hereby declared to be the policy of Congress to remove obstructions
to the free flow of interstate and foreign commerce which tend to
diminish the amount thereof; and to provide for the general welfare
by promoting the organization of industry for the purpose of
cooperative action among trade groups, to induce and maintain united
action of labor; and management under-adequate governmental
sanctions and supervision, to eliminate unfair competitive
practices, to promote the fullest possible utilization of the
present productive capacity of industries, to avoid undue
restriction of production (except as may be temporarily required),
to increase the consumption of industrial and agricultural products
by increasing purchasing power, to reduce and relieve unemployment,
to improve standards of labor, and otherwise to rehabilitate
industry and to conserve natural resources.
ADMINISTRATIVE AGENCIES Sec. 2.(a) To effectuate the policy of this
title, the President is hereby authorized to establish such
agencies, to accept and utilize such voluntary and uncompensated
services, to appoint, without regard to the provisions of the civil
service laws, such officers and employees, and to utilize such
Federal officers and employees, and with the consent of the State,
such State and local officers and employees, as he may find
necessary, to prescribe their authorities, duties, responsibilities,
and tenure, and without regard to the Classification Act of 1923, as
amended, to fix the compensation of any officers and employees so
appointed. (b) The President may delegate any of his functions and
powers under this title to such officers, agents, and employees as
he may designate or appoint, and may establish an industrial
planning and research agency to aid in carrying out his functions
under this title.
73d CONGRESS. SESS. I. CH. 90. JUNE 16, 1933 (c) This title shall
cease to be in effect and any agencies established hereunder shall
cease to exist at the expiration of two years after the date of
enactment of this Act, or sooner if the President shall by
Proclamation or the Congress shall by joint resolution declare that
the emergency recognized by section 1 has ended.
CODES OF FAIR COMPETITION Sec. 3.(a) Upon the application to the
President by one or more trade or industrial associations or groups,
the President may approve a code or codes of fair competition for
the trade or industry or subdivision thereof, represented by the
applicant or applicants, if
-23-
the President finds (1) that such associations or groups impose no
inequitable restrictions on admission to membership therein and are
truly representative of such trades or industries or subdivisions
thereof, and (2) that such code or codes are not designed to promote
monopolies or to eliminate or oppress small enterprises and will not
operate to discriminate against them, and will tend to effectuate
the policy of this title: Provided, That such code or codes shall
not permit monopolies or monopolistic practices: Provided further,
That where such code or codes affect the services and welfare of
persons engaged in other steps of the economic process, nothing in
this section shall deprive such persons of the right to be heard
prior to approval by the President of such code or codes. The
President may, as a condition of his approval of any such code,
impose such conditions (including requirements for the making of
reports and the keeping of accounts) for the protection of
consumers, competitors, employees, and others, and in furtherance of
the public interest, and may provide such exceptions to and
exemptions from the provisions of such code, as the President in his
discretion deems necessary to effectuate the policy herein declared.
(b) After the President shall have approved any such code, the
provisions of such code shall be the standards of fair competition
for such trade or industry or subdivision thereof. Any violation of
such standards in any transaction in or affecting interstate or
foreign commerce shall be deemed an unfair method of competition in
commerce within the meaning of the Federal Trade Commission Act, as
amended; but nothing in this title shall be construed to impair the
powers of the Federal Trade Commission under such Act, as amended.
(c) The several district courts of the United States are hereby
invested with jurisdiction to prevent and restrain violations of any
code of fair competition approved under this title: and it shall be
the duty of the several district attorneys of the United States, in
their respective districts, under the direction of the Attorney
General, to institute proceedings in equity to prevent and restrain
such violations.
(d) Upon his own motion, or if complaint is made to the President
that abuses inimical to the public interest and contrary to the
policy herein declared are prevalent in any trade or industry or
subdivision thereof, and if no code of fair competition therefor has
theretofore been approved by the President, the President, after
such public notice and hearing as he shall specify, may prescribe
and approve a code of fair competition for such trade or industry or
subdivision thereof, which shall have the same effect as a code of
-24-
fair competition approved by the President under subsection (a) of
this section.
(e) On his own motion, or if any labor organization, or any trade or
industrial organization, association, or group, which has complied
with the provisions of this title, shall make complaint to the
President that any article or articles are being imported into the
United States in substantial quantities or increasing ratio to
domestic production of any competitive article or articles and on
such terms or under such conditions as to render ineffective or
seriously to endanger the maintenance of any code or agreement under
this title, the President may cause an immediate investigation to be
made by the United States Tariff Commission, which shall give
precedence to investigations under this subsection, and if, after
such investigation and such public notice and hearing as he shall
specify, the President shall find the existence of such facts, he
shall, in order to effectuate the policy of this title, direct that
the article or articles concerned shall be permitted entry into the
United States only upon such terms and conditions and subject to the
payment of such fees and to such limitations in the total quantity
which may be imported (in the course of any specified period or
periods) as he shall find it necessary to prescribe in order that
the entry thereof shall not render or tend to render ineffective any
code or agreement made under this title. In order to enforce any
limitations imposed on the total quantity of imports, in any
specified period or periods, of any article or articles under this
subsection, the President may forbid the importation of such article
or articles unless the importer shall have first obtained from the
Secretary of the Treasury a license pursuant to such regulations as
the President may prescribe. Upon information of any action by the
President under this subsection the Secretary of the Treasury shall,
through the proper officers, permit entry of the article or articles
specified only upon such terms and conditions and subject to such
fees, to such limitations in the quantity which may be imported, and
to such requirements of license, as the President shall have
directed. The decision of the President as to facts shall be
conclusive. Any condition or limitation of entry under this
subsection shall continue in effect until the President shall find
and inform the Secretary of the Treasury that the conditions which
led to the imposition of such condition or limitation upon entry no
longer exists.
(f) When a code of fair competition has been approved or prescribed
by the President under this title, any violation of any provision
thereof in any transaction in or affecting interstate or foreign
commerce shall be a
-25-
misdemeanor and upon conviction thereof an offender shall be fined
not more than $500 for each offense, and each day such violation
continues shall be deemed a separate offense.
AGREEMENTS AND LICENSES Sec. 4. (a) The President is authorized to
enter into agreements with, and to approve voluntary agreements
between and among, persons engaged in a trade or industry, labor
organizations, and trade or industrial organizations, associations,
or groups, relating to any trade or industry, if in his judgment
such agreements will aid in effectuating the policy of this title
with respect to transactions in or affecting interstate or foreign
commerce, and will be consistent with the requirements of clause (2)
of subsection a) of section 3 for a code of fair competition.
(b) Whenever the President shall find that destructive wage or price
cutting or other activities contrary to the policy of this title are
being practiced in any trade or industry or any subdivision thereof,
and, after such public notice and hearing as he shall specify, shall
find it essential to license business enterprises in order to make
effective a code of fair competition or an agreement under this
title or otherwise to effectuate the policy of this title, and shall
publicly so announce, no person shall, after a date fixed in such
announcement, engage in or carry on any business, in or affecting
interstate or foreign commerce, specified in such announcement,
unless he shall have first obtained a license issued pursuant to
such regulations as the President shall prescribe. The President may
suspend or revoke any such license, after due notice and opportunity
for hearing, for violations of the terms or conditions thereof. Any
order of the President suspending or revoking any such license shall
be final if in accordance with law. Any person who, without such a
license or in violation of any condition thereof, carries on any
such business for which a license is so required, shall, upon
conviction thereof, be fined not more than $500, or imprisoned not
more than six months, or both, and each day such violation continues
shall be deemed a separate offense. Notwithstanding the provisions
of section 2(c), this subsection shall cease to be in effect at the
expiration of one year after the date of enactment of this Act or
sooner if the President shall by Proclamation or the Congress shall
by joint resolution declare that the emergency recognized by section
1 has ended.
Sec. 5. While this title is in effect (or in the case of a license,
while section 4 (a) is in effect) and for sixty days thereafter, any
code, agreement, or license approved, prescribed, or issued and in
effect
-26-
\under this title, and any action complying with the provisions
thereof taken during such period, shall be exempt from the
provisions of the antitrust laws of the United States.
Nothing in this Act, and no regulation thereunder, shall prevent an
individual from pursuing the vocation of manual labor and selling or
trading the products thereof; nor shall anything in this Act, or
regulation thereunder, prevent anyone from marketing or trading the
produce of his farm.
The Colorado Common Law Jury further finds that the above act covers
such a wide range of powers that it is almost impossible to describe,
other than it is proper to quote Senate Report 93-549, as of November
19, 1973, which states:
A majority of the people of the United States have lived all of
their lives under emergency rule. For 40 years, freedoms and
governmental procedures guaranteed by the Constitution have, in
varying degrees, been abridged by laws brought into force by states
of national emergency.
and further from Franklin D. Roosevelt. On Our Way. New York; The
John Day Company, 1934, pp. 35-36
. . . the full meaning of that word "emergency" related to far more
than banks: it covered the whole economic and therefore the whole
social structure of the country. It was an emergency that went to
the roots of our agriculture, our commerce, and our industry; it was
an emergency that had existed for a whole generation in its
underlying causes and for three and one-half years in its visible
effects. It could be cured only by a complete reorganization and a
measured control of the economic structure. It could not be cured in
a week, in a month, or a year. It called for a long series of new
laws, new administrative agencies. It required separate measures
affecting different subjects; but all of them component parts of a
fairly definite broad plan. Most of all it called for readiness and
understanding on the part of the people. We could never go back to
the old order.
-27-
FINDING OF FACT
9) The Colorado Common Law Jury finds that on June 5, 1933 the Senate
and the House of Representatives passed House Joint Resolution 192,
also known as Abrogation of the Gold Clause, as shown by Exhibit 44.
It states in part:
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That (a) every provision
contained in or made with respect to any obligation which purports
to give the obligee a right to require payment in gold or a
particular kind of coin or currency, or in an amount in money of the
United States measured thereby, is declared to be against public
policy; and no such provision shall be contained in or made with
respect to any obligation hereafter incurred. Every obligation,
heretofore or hereafter incurred, whether or not any such provision
is contained therein or made with respect thereto, shall be
discharged upon payment, dollar for dollar, in any coin or currency
which at the time of payment is legal tender for public and private
debts. Any such provision contained in any law authorizing
obligations to be issued by or under authority of the United States,
is hereby repealed, but the repeal of any such provision shall not
invalidate any other provision or authority contained in such law.
(b) As used in this resolution, the term "obligation" means an
obligation (including every obligation of and to the United States,
excepting currency) payable in money of the United States; and the
term "coin or currency" means coin or currency of the United States,
including Federal Reserve notes and circulating notes of Federal
Reserve banks and national banking associations.
Sec. 2. The last sentence of paragraph (1) of subsection (b) of
section 43 of the Act entitled 'An Act to relieve the existing
national economic emergency by increasing agricultural purchasing
power, to raise revenue for extraordinary expenses incurred by
reason of such emergency, to provide emergency relief with respect
to agricultural indebtedness, to provide for the orderly liquidation
of joint-stock land banks, and for other purposes', approved May
12, 1933, is amended to read as follows:
"All coins and currencies of the United States (including Federal
Reserve notes and circulating notes of Federal Reserve banks and
national banking associations) heretofore or hereafter coined or
issued, shall be legal tender for all debts, public and private,
public charges,
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taxes, duties, and dues, except that gold coins, when below
the-standard weight and limit of tolerance provided by law for the
single piece, shall be legal tender only at valuation in proportion
to their actual weight."
Approved, June 5, 1933 , 4:40 p.m.
We see from the wording that any "obligee" which pursuant to Black's
Law Dictionary 4th ed pg., 1226 means "The person in favor of whom
some obligation contracted, whether such obligation be to pay money or
to do or not to do something." The party to whom a bond is given."
We see that the people who were holder of the note, bond, warehouse
receipt, obligation, or Federal Reserve note (a warehouse receipt for
gold), were the obligee, and no longer had a right to require (demand)
payment in gold.
It goes on to say:
That (a) every provision contained in or made with respect to any
obligation which purports to give the obligee a right to require
payment in gold or a particular kind of coin or currency, or in an
amount in money of the United States measured thereby, is declared
to be against public policy;
It goes on to say that every obligation heretofore or hereafter
incurred, shall be by discharged upon dollar for dollar meaning that
debts or obligations can no longer be paid, they can only be
discharged.
We further find that this is confirmed by Stanek v. White, 172 Minn.
390, 215 N.W. 784, which states:
There is a distinction between a "debt discharged" and a "debt
paid." When discharged the debt still exists though divested of its
character as a legal obligation during the operation of the
discharge. Something of the
-29-
original vitality of the debt continues to exist which may be
transferred, even though the transferee takes it subject to its
disability incident to the discharge. The fact that it carries
something which may be a consideration for a new promise to pay, so
as to make an otherwise worthless promise a legal obligation, makes
it the subject of transfer by assignment. Stanek v. White, 172
Minn. 390, 215 N. W. 784.
and further, the Common Law Jury finds:
The new money or currency implemented by Congress on March 9, 1933,
under Title IV "Upon the deposit with the Treasury of the United
States (a) of any direct obligation of the United States or . . ."
which is a direct obligation upon the American people, can now be used
to "discharged" the obligation which the Federal Reserve Banks had
with the American people, who were holders of the notes, bonds,
obligations.
We further find that the people were never paid for their gold, rather
they were merely tendered their own obligation.
FINDING OF FACT
10) The Colorado Common Law Jury finds that on June 19, 1934
Congress passed an Act merging Law and Equity, known as the Federal
Rules of Civil Procedures Act, reads as follows:
AN ACT
To give the Supreme Court of the United States authority to make and
publish rules in actions at law.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the Supreme
Court of the United States shall have the power to prescribe, by
general rules, for the district courts of the United States and for
the courts of the District of Columbia, the forms of process, writs,
pleadings, and motions, and the practice and procedure in civil
actions at law. Said rules shall neither abridge, enlarge, nor
modify the substantive rights of any litigant. They shall take
effect six months after their promulgation, and thereafter all laws
-30-
in conflict therewith shall be of no further force or effect.
Sec. 2. The court may at any time unite the general rules prescribed
by it for cases in equity with those in actions at law so as to
secure one form of civil action and procedure for both: Provided,,
however, That in such union of rules the right of trial by jury as
at common law and declared by the seventh amendment to the
Constitution shall be preserved to the parties inviolate. Such
united rules shall not take effect until they shall have been
reported to Congress by the Attorney General at the beginning of a
regular session thereof and until after the close of such sessions.
Approved, June 19, 1934.
The Common Law Jury further finds that the Act did not come into
effect until December 20, 1937, as shown by the following "Letter of
Submittal."
LETTER OF SUBMITTAL
Supreme Court of the United States,
Washington, D.C., December 20, 1937.
My Dear Mr. Attorney General;
By direction of the Supreme Court, I transmit to you herewith the
Rules of Civil Procedure for the District Courts of the United
States which have been adopted by the Supreme Court pursuant to the
Act of June 19, 1934, chapter 651 (48 Stat. 1064).
In accordance with Section 2 of that Act, the Court has united the
general rules prescribed by it for cases in equity with those in
actions at law so as to secure one form of civil action and
procedure for both. The Court requests you, as provided in that
section, to report these rules to the Congress at the beginning of
the regular session in January next.
I am requested to state that Mr. Justice Brandeis does not approve
of the adoption of the rules.
I have the honor to remain,
Respectfully yours,
(signed) Charles E. Hughes,
Chief Justice of the United States.
Honorable Homer Cummings,
Attorney General of the United States,
Washington, D.C
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The Common Law Jury further finds that pursuant to Supreme Court case,
Erie R.R. v. Thompson, 1938, which stated that there was no General
Federal Common Law at the Federal level.
And pursuant to Colorado Revised Statute 18-1-104 "common law" crimes
abolished.
The Common Law Jury finds that the Common Law was allegedly abolished
at both the Federal and State levels.
FINDING OF FACT
11) The Colorado Common Law Jury finds that on June 6, 1934, Congress
of the United States enacted Public Law No. 293, H.R. 7353.
Compact For Prevention of Crime
With and Among the Several States
Part I
COMPACT FOR PREVENTION OF CRIME-AUTHORIZATION
24-60-101. Compacts recognized and declared to exist. The congress
of the United States, under and pursuant to the provisions of
section 10 of article 1 of the constitution of the United States,
having granted its consent by that certain act (Public Law No. 293,
H.R. 7353), approved June 6, 1934, to any two or more states to
enter into agreements or compacts for cooperative effort and mutual
assistance in the prevention of crime and in the enforcement of
their respective criminal laws and policies, and for the
establishment of such agencies, joint or otherwise, as they may deem
desirable for making effective any such agreements or compacts, the
practical need and utility of such agreements or compacts, between
or among the state of Colorado and any other states of the United
States, and particularly between or among the state of Colorado and
those states adjoining the state of Colorado, are recognized and
declared to exist.
and further, the Colorado Common Law Jury finds:
That this compact allowed the Federal government to come into
-32-
the states and enforce Federal statutes, a few of which are:
1. Amendments to the Federal kidnapping statute to provide for the
death penalty in the event of injury to the victim, and creating a
presumption that, if the victim was not returned within seven days,
the victim had been taken from one State to another.
2. An Act punishing the transmission of extortion threats in any
form of interstate communication. Prior to this, only the mailing of
extortion notes was punishable.
3. A statute making it a Federal offense for a person to flee from
one State to another to avoid prosecution for certain major felonies
or to avoid testifying in felony cases. Since the enactment of this
statute hundreds of persons not available to interstate rendition
proceedings have been returned to States under Federal warrants for
prosecution.
4. A statute punishing the transportation and receipt of stolen
goods in interstate commerce where the value is $5,000 or more. This
statute has been instrumental in breaking up some of the larger
gangs which had been engaged in shipping stolen merchandise from one
State to another.
5. An Act punishing robbery of national banks with death penalty
where any person is killed during the robbery. The statute is
applicable not only to national banks, but to members of the Federal
Reserve System and to all banks whose funds are insured by the
Federal Deposit Insurance Corporation. It has done much to reduce
the epidemic of bank robbery. 6. A statute requiring registration of
all machineguns and sawed-off shotguns and rifles.
7. An Act making it a Federal offense to assault or kill Federal
officers.
8. An Act authorizing agents of the Department of Justice to carry
firearms.
9. An Act to protect certain types of trade and commerce against
intimidation and racketeering.
10. Various statutes for improving the outworn and archaic Federal
criminal procedure to make the prosecution of crime in court more
effective.
-33-
We, the Colorado Common Law Jury further find that under 6a) Statute
requiring regulations of all machine-guns and sawed-off shotguns and
rifles, was the agenda for Ruby Ridge which claimed Weaver had sold a
shotgun which was 1/4 inch too short. Which action gave cause for
Federal agents to come into Idaho and kill Weaverss wife and their
fourteen year old son. and further:
The Colorado Common Law Jury finds that the same federal statutes 6(a)
were the grounds used by the Federal government in the Waco case,
which resulted in the death of some 80 men, women and children. All of
these actions were taken under the War and Emergency Power Act of
March 9, 1933.
and further:
The Colorado Common Law Jury finds that this United States Compact
with the several states of the Union, in effect made the states
nothing more than Federal regions of the United States, or a
corporation of the United States with special exemptions (tax free
status).
FINDING OF FACT
12) The Colorado Common Law Jury finds that on the 2nd day of August
1933, Edwin C. Johnson, Governor of Colorado issued a Proclamation
calling for an extraordinary session of the General Assembly.
PROCLAMATION
Call For Extraordinary Session:
Of The
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General Assembly
WHEREAS, Section 9 of Article IV of the Constitution of the State of
Colorado provides that "The Governor may, on extraordinary occasions
convene the General Assembly, byProclamation, stating, therein the
purpose for which it is to assemble; but at such special session no
business shall be transacted other than that specially named in the
Proclamation "; and
WHEREAS, the present nation-wide economic depression has created a
serious emergency in this State due to widespread unemployment and
consequent indigence and dependence of a large portion of the people
of this State; and
WHEREAS, the increasing inadequacy of federal, state and local
relief funds to relieve the situation has resulted in existing and
ever threatening deprivation of thousands of families and
individuals in this State of the necessities of life; and
WHEREAS, because of the conditions aforesaid, distress and hunger
exist among our people in such a degree that the public peace,
order, tranquillity and safety are seriously affected and endangered
and the processes of orderly government itself imperiled; and
WHEREAS, other emergencies and requirements have arisen since the
adjournment of the regular session of the General Assembly; and
WHEREAS, in the opinion of the Governor of the State of Colorado, it
is imperative that legislation be enacted immediately to allay the
present widespread public discontent and social unrest; to defend
the State; to relieve the needy and destitute citizens of this State
from want and deprivation by the provision of direct relief or work
relief, or both; to cooperate with the federal government in its
program of national recovery; to prevent disaster in this critical
emergency; and by reason thereof an extraordinary occasion has
arisen and now exists, as contemplated in the Constitution of this
State for the calling of a special session of the General Assembly,
and requiring the consideration by the General Assembly of each one
of the matters hereinafter specified.
NOW, THEREFORE, I, Edwin C. Johnson, Governor of the State of
Colorado, do by this Proclamation convene the Twenty-ninth General
Assembly of this State, and hereby summon the members thereof to
meet in special session at the Capitol, in the City of Denver, on
Wednesday, the 2nd day of August, A.D. 1933, at 12 o'clock noon.
The purposes for which the General Assembly is convened are as
follows:
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. First -- To create and define the powers and duties of an
emergency relief administration; to provide funds by loan or
otherwise for the financing of direct relief, or work relief, or
both, during the period of the emergency, and to provide for the
expenditure, distribution, or allocation of such funds.
Second -- To authorize and empower the state, counties,
municipalities or other political subdivisions of the state to
obtain grants, loans or advances from the United States upon such
terms as the President shall prescribe for the construction, repair
or improvement of any public works project authorized by the
National Industrial Recovery Act; to construct, finance or aid in
the construction or financing of any such public works project; to
sell any real or personal property in connection with the
construction of any such project, or to lease any such property from
the Federal Government with or without the privilege of purchase;
and to provide for the repayment of any such loans.
Third -- To provide for cooperation with the federal government in
the establishment of public employment agencies.
Fourth -- To suspend the operation of the antitrust laws of this
state for the purpose of cooperating with the federal government in
the administration of the National Industrial Recovery Act. Fifth
-- To permit the investment of estate, trust or public funds in the
bonds of the Home Owners Loan Corporation or in the bonds of any
other corporation which is or may be created by the United States as
a governmental agency or instrumentality.
Sixth -- To provide for a convention to act upon the proposal to
repeal the Eighteenth Amendment to the Federal Constitution.
Seventh -- To provide for such control of the liquor traffic as
has been rendered necessary or expedient by amendments to the
National Prohibition Act and the repeal of the intoxicating liquor
laws of this state by constitutional amendment adopted November,
1932, and to enact such further laws concerning intoxicating liquors
as may be rendered necessary or expedient in the event of the repeal
of the Eighteenth Amendment to the Federal Constitution.
Eighth -- To provide for an excise tax upon the sale of cigarettes
for the purpose of acquiring lands and constructing necessary
buildings at the Colorado State Hospital at Pueblo, and for the
payment of the indebtedness incurred in the construction of the
heating plant at the Colorado State Teachers College at Greeley.
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Ninth -- To permit county commissioners to construct and maintain
highways either directly or by contract, and to enter into and
perform contracts to build or maintain state highways.
Tenth -- To provide for exemption from taxation of property within
the boundaries of lands leased to the United States.
Eleventh -- To provide for the custody and safekeeping of public
funds and for the payment of interest thereon when deposited with
banks or other financial institutions.
Twelfth -- For the Senate, to confirm any appointments which may
be submitted to it in accordance with law.
Thirteenth -- To provide for expenses of the special session
hereby called.
IN WITNESS WHEREOF, I have hereto, set my hand and caused the Great
Seal of the State of Colorado to be affixed hereunto, at Denver,
Colorado, this 29th day of
July, A.D. 1933.
(SEAL) ED C. JOHNSON,
Governor of the State of Colorado ATTEST:
CHAS. M. ARMSTRONG,
Secretary of State.
Ch. 1] ANTI-TRUST AND UNFAIR COMPETITION LAWS 29
CHAPTER 1
ANTI-TRUST AND UNFAIR COMPETITION LAWS
Suspension
(Senate Bill No. 3. By Senator Knous)
AN ACT
DECLARING THE EXISTENCE OF AN EMERGENCY AND TO PROVIDE FOR THE
SUSPENSION OF THE ANTI-TRUST, DISCRIMINATION IN RESTRAINT OF TRADE
AND UNFAIR COMPETITION LAWS OF THIS STATE UNDER CERTAIN CONDITIONS,
FOR THE PURPOSE OF COOPERATING WITH THE ASSISTING THE NATIONAL
GOVERNMENT IN PROMOTING ITS NATIONAL INDUSTRIAL RECOVERY PROGRAM.
Be It Enacted by the General Assembly of the State of Colorado:
Section 1. A state and national emergency productive of widespread
unemployment and disorganization of industry, which burdens
intrastate, interstate and foreign commerce, affects the public
welfare, and undermines the standards of living of the American
people and of the people of the state of Colorado, is hereby
declared to exist. The existence in this state of such present acute
economic emergency and the effects and causes thereof as declared in
Section 1 of Title I of the
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National Industrial Recovery Act, are hereby recognized and it is
hereby declared that said emergency, the causes and effects thereof,
as so declared, relate as well to commerce in this state, wholly
intrastate in character, as to interstate and foreign commerce and
transactions affecting interstate and foreign commerce carried on in
this state. It is hereby declared to be the policy of this state to
cooperate with and assist the national government in the furtherance
of the objects and purposes declared in said Act of Congress, in
promoting the rehabilitation of industry and in eliminating unfair
competitive practices and to make uniform the standards of fair
competition prevailing in intrastate commerce and industry with
those of interstate commerce, required by the provisions of the
National Industrial Recovery Act, which are applicable in interstate
commerce in the State of Colorado.
Section 2. While this Act is in effect and for sixty days
thereafter, any code, agreement, license, rule or regulation in
effect pursuant to the National Industrial Recovery Act, which by
such law are exempt from the provisions of the anti-trust laws of
the United States, as long as such exemption from the anti-trust
laws of the United States prevail, shall be exempt from the
application of the provisions of the anti-trust, discrimination in
restraint of trade and unfair competition laws of this state,
insofar as intrastate commerce is concerned, to the extent that such
provisions of law are inconsistent with the provisions of such code,
agreement, license, rule or regulation, and for this purpose the
operation of the said laws of this state are hereby suspended.
Nothing contained in this Act, however, shall be construed in any
way to alter, modify or affect the provisions of existing laws in
this state in such manner as to lower the standards therein provided
with regard to labor, hours of labor, wages of labor and employment
of females and children.
Section 3. In any civil or criminal action or proceeding for
violation of the anti-trust, discrimination in restraint of trade or
unfair competition laws of this state, proof that the act complained
of was done in compliance with the provisions of any code,
agreement, license, rule or regulation in effect, under the terms of
the National Industrial Recovery Act, to which the defendant was a
party at the time of such act, shall be a complete defense to such
action or proceeding.
Section 4. This Act, insofar as it affects agreements, codes, rules
or regulations, shall become ineffective contemporaneously with the
expiration of the National Industrial Recovery Act, as provided in
Section 2 (c) of said Act; and insofar as it affects licenses,
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contemporaneously with the expiration of the National Industrial
Recovery Act, as provided in Section 4 (b) of said Act.
Section 5. If any provision of this Act or the application thereof
to any person or circumstances is held invalid, such invalidity
shall not affect other provisions or applications of the act which
can be given effect without the invalid provision or application,
and to this end the provisions of this act are declared to be
severable.
Section 6. The General Assembly hereby finds, determines and
declares this Act to be necessary for the immediate preservation of
the public peace, health and safety.
Section. In the opinion of the General Assembly an emergency exists;
therefore, this Act shall take effect and be in force from and after
its passage.
Approved August 11, 1933.
ADMINISTRATIVE CODE
(House Bill No. 30. By Representative Smith, and Senator Knous)
AN ACT
RELATING TO THE ADMINISTRATION OF THE STATE GOVERNMENT.
Be It Enacted by the General Assembly of the State of Colorado:
ARTICLE I
ORGANIZATION OF ADMINISTRATIVE
DEPARTMENTS
Section 1 -- Administrative Departments.
(a) There are hereby created and established the following
administrative
I. Executive Department
II. Department of Finance and Taxation
III. Department of Auditing
IV. Department of Law
V Department of Education
VI. Department of State
(b) There is hereby created and established an Executive Council.
Section 2. -- Powers and Duties of Departments
(a) These departments are hereby vested, respectively, with such
powers and required to perform such duties as are set forth in this
Act, and as charged with the administration and execution of such
laws as may be enacted.
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(b) All other departments, institutions and agencies, except as
modified by this Act, shall continue as at present constituted.
(c) The provisions of this Act shall not be construed to apply to
the Judiciary, nor the Legislature except when expressly specified.
Section 3. -- Chief Executive Officers
(a) There shall be a chief executive officer at each of the
administrative departments of the State Government created by this
Act, which officers shall be as follows:
1. The Governor for the Executive Department;
2. The State Treasurer for the Department of Finance and Taxation;
3. The Auditor of State for the Department of Auditing;
4. The Attorney General for the Department of Law;
5. The Superintendent of Public Instruction for the Department of
Education;
6. The Secretary of State for the Department of State.
(b) The said officers shall hold office in accordance with the
provisions of the Constitution of Colorado and of the laws enacted
in conformity therewith.
Section 4 -- The Executive Council.
The Executive Council hereby created and established shall consist
of the Governor, Secretary of State, State Treasurer, Auditor of
State and the Attorney General. The Governor shall be Chairman of
said Council.
Section 5 -- Powers and Duties of Chief Executive
Officers and Other Officers and Employees.
(a) The chief executive officers of administrative departments of
the State Government created by this Act shall have charge and
general supervision of their respective departments, and shall
exercise such powers and perform such duties as are vested by this
Act in the respective departments, except where detailed matters of
policy are expressly conferred by law to any subordinate officer in
the respective administrative departments.
(b) The officers, assistants and employees of the departments
created by this Act shall be under the immediate supervision,
direction and control of the heads of the respective departments,
and shall perform such duties as shall be prescribed.
Section 6. -- Officers, Assistants and Employees.
Except as hereinafter provided, such officers, assistants and
employees as may be necessary in each department shall be appointed
by the chief executive officer
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of such department, subject to the approval of the Executive
Council, in conformity with the provisions of Article XII, Section
13 of the Constitution of Colorado, and the laws enacted in
accordance therewith.
ARTICLE II.
EXECUTIVE DEPARTMENT
Section 10 -- Organization of Department.
The Executive Department shall be organized into the following
offices and divisions:
1. The office of the Governor which, except as otherwise expressly
provided, shall continue as now organized and existing.
2. The State Budget and Efficiency Commissioner, which office is
hereby created and established in lieu of the office of Budget and
Efficiency Commissioner of the State of Colorado provided for in
Section 308, Compiled Laws of Colorado, 1921. Said State Budget and
Efficiency Commissioner shall be one (1) of the three (3)
confidential employees of the Governor's office as provided by
Article XII, Section 13 of the Constitution of Colorado, and shall
be appointed by the Governor, and his term of office shall be
co-terminous with the tenure of office of the Governor making said
appointment, but he may be removed at the pleasure of the Governor.
He shall be qualified by education and experience to conduct the
Division of Budgets created by this Act.
ARTICLE III.
DEPARTMENT OF FINANCE AND TAXATION
Section 11 -- Organization, Powers and Duties.
The Department of Finance and Taxation shall consist of the
following offices and divisions:
1. The Division of Finance, the head of which shall be the State
Treasurer. This Division shall include the office of the State
Treasurer, which except as otherwise expressly provided in this Act,
shall continue as now organized and existing;
2. The Division of Taxation, the head of which shall be the State
Treasurer. This Division shall consist of the following
administrative departments, agencies and offices, which, except as
otherwise expressly provided in this Act, shall continue as now
organized and existing:
a. The Colorado Tax Commission.
b. The Excise Tax Commissioner, which office is hereby created and
established. He shall exercise all the rights and powers and perform
all the duties vested and imposed by law in and upon the State
Inspector of Oils, its officers, assistants and employes with
respect to the administration of the motor fuel excise tax, and he
shall collect all other excise taxes which may be
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imposed by law except as otherwise expressly provided. The Excise
Tax Commissioner shall exercise all the rights and powers, and
perform all the duties vested and imposed by law in and upon the
Secretary of State, with respect to the supervision, regulation and
licensing of motor vehicles. There is hereby created under the
Excise Tax Commissioner, the Division of Motor Vehicle Supervision,
the head of which shall be the Motor Vehicle Supervisor, as now
provided by law. This Division shall consist of the following
administrative departments, agencies and offices, which, except as
otherwise expressly provided in this Act, shall continue as now
organized and existing:
a. The Motor Vehicle License Department;
b. The Auto Theft Department;
c. The Auto Title Department;
d. The Operators' and Chauffeurs' License
Department
e. Auto Camps License Department.
ARTICLE VI.
DEPARTMENT OF EDUCATION
Section 14. -- Organization, Powers and Duties.
The Department of Education shall consist of the following offices,
boards, divisions and agencies:
1. Division of Administration, the head of which shall be the
Superintendent of Public Instruction. This Division shall include
the office of the Superintendent of Public Instruction, which,
except as otherwise expressly provided in this Act, shall continue
as now organized and existing;
2. The State Board of Examiners (teachers);
3. The State Historical Society of Colorado. This Society shall
continue as now organized and existing except as otherwise expressly
provided in this Act.
4. The State Library, which shall exercise all the rights and powers
and perform all the duties vested and imposed by law in and upon the
Colorado Library Commission.
5. Child Welfare Bureau.
6. The State Board for Vocational Education, which is hereby created
and is hereby designated as the State Board for carrying out the
provisions of the Acts of Congress relating to vocational education
and vocational rehabilitation. The State Board for Vocational
Education shall consist of three (3) citizens of the State of
Colorado to be appointed by the Governor. In the first instance, one
member shall be appointed for two (2) years, one for four (4) years
and one for six (6) years and thereafter for (6) years each. The
Board shall elect annually one of its members as chairman. The
members of the Board shall serve without compensation but shall be
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allowed their necessary expenses incurred while on the business of
the Board. The State Board for Vocational Education shall exercise
all the rights and powers and perform all the duties vested and
imposed by Law in and upon the present State Board of Agriculture
acting in its temporary capacity as the State Board for Vocational
Education.
ARTICLE VII.
DEPARTMENT OF STATE
Section 15. -- Organization, Powers and Duties.
The Department of State shall consist of the following offices and
divisions:
1. Division of Administration, the head of which shall be the
Secretary of State. This Division shall include the office of the
Secretary of State, which, except as otherwise expressly provided in
this Act, shall continue as now organized and existing.
2. The Division of Registrations. This Division shall consist of the
following examining boards, which shall continue as now organized
and existing, except as otherwise expressly provided in this Act;
Provided, that all examining boards shall be furnished with quarters
in the Capitol Building, the Museum Building, or the State Office
Building, and shall be required to pay into the general revenue fund
of the State, out of the fees and other revenues collected by them,
such monthly or annual charges for rental, heat, light and telephone
service, as the Executive Council shall determine;
a. Abstractors Board of Examiners;
b. State Board of Accountancy;
c. State Board of Examiners of Architects;
d. Board of Examiners of Barbers;
e. State Board of Cosmetology;
f. State Board of Dental Examiners;
g. State Board of Embalming Examiners;
h. State Board of Examiners for Engineers and Land Surveyors;
i. State Board of Medical Examiners;
j. State Board of Nurse Examiners;
k. State Board of Optometric Examiners;
l. State Board of Pharmacy;
m. State Board of Shorthand Reporters;
n. State Board of Veterinary Examiners;
o. Real Estate Brokers Board.
3. State Boxing Commission.
Chapter 117
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JURIES
Grand Jury -- Petit Jury (Senate Bill No. 261.
By Senators Quiat and Ammons, and Representatives Rogers, Kavanagh,
Morris, Keating, Constantine and Palmer)
AN ACT
TO AMEND SECTION 5887 OF THE COMPILED LAWS OF COLORADO, 1921.
Be It Enacted by the General Assembly of the State of Colorado:
Section 1. That Section 1 of an Act entitled, "An Act to amend
Section 5887 of the Compiled Laws of Colorado, 1921," be amended so
as to read as follows:
Section 1. That Section 5887 of the Compiled Laws of Colorado, 1921,
be and the same is hereby amended to read as follows, to-wit:
Section 5887. Grand Juries shall not hereafter be drawn, summoned or
required to attend the sitting of any court in any county in this
State unless specially ordered by the court having jurisdiction to
make such order; . . .
The Colorado Common Law Jury finds that the purpose for this special
session called on the 2nd day of August, 1933, by Edwin C. Johnson was
to cooperate with the federal government in its implementation of the
War and Emergency Powers. It goes on to say:
The purposes for which the General assembly is convened are as
follows:
First -- To create and define the powers and duties of an
emergency relief administration; . . .
Second -- To authorize and empower the state, counties,
municipalities or other political subdivisions of the state to
obtain grants, loans or advances from the United States upon such
terms as the President shall prescribe for the construction, repair
or improvement of any public works project authorized by the
National Industrial Recovery Act; . . .
Third -- To provide for cooperation with the federal government in
the establishment of public employment agencies.
Fourth -- To suspend the operation of the antitrust laws of this
state for the purpose of cooperating with the federal government in
the administration of the National Industrial Recovery Act.
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Fifth -- To permit the investment of estate, trust or public-
funds in the bonds of the Home Owners Loan Corporation or in the
bonds of any other corporation which is or may be created by the
United States as a governmental agency or instrumentality.
Tenth -- To provide for exemption from taxation of property within
the boundaries of lands leased to the United States.
Eleventh -- To provide for the custody and safekeeping of public
funds and for the payment of interest thereon when deposited with
banks or other financial institutions.
and further finds that it provided for the Motor Vehicle License
Department, the marriage license and abolishment of the Grand Jury and
Petit Jury, etc. In essence it set in motion a new emergency State
Government.
The Colorado Common Law Jury further finds, pursuant to
Article V, Section 1 Constitution of Colorado which states:
Legislative Department
Section 1. General assembly - initiative and referendum. The
legislative power of the state shall be vested in the general
assembly consisting of a senate and house of representatives, both
to be elected by the people, but the people reserve to themselves
the power to propose laws and amendments to the constitution and to
enact or reject the same at the polls independent of the general
assembly, and also reserve power at their own option to approve or
reject at the polls any act, item, section or part of any act of the
general assembly.
and further, The Colorado Common Law Jury finds that HB 89-1181, An
Act negates Article V., section one to wit:
Ch. 42 Elections 325
(b) (1) UPON SUBMISSION OF THE PETITION, THE SECRETARY OF STATE
SHALL EXAMINE EACH NAME SIGNATURE ON THE PETITION. THE PETITION
SHALL NOT BE AVAILABLE TO THE PUBLIC FOR A PERIOD OF NO MORE THAN
TWENTY-ONE CALENDR DAYS FOR SUCH EXAMINATION. THE SECRETARY SHALL
ASSURE THAT THE INFORMATION REQUIRED BY SECTION 1-40-106 IS
COMPLETE, THAT THE INFORMATION ON EACH SIGNATURE LINE WAS WRITTEN BY
THE PERSON MAKING THE SIGNATURE, THAT NO SIGNATURES HAVE BEEN ADDED
TO ANY SECTIONS OF THE PETITION AFTER THE AFFIDAVIT REQUIRED BY
SECTION 1-40-106
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(2) (b) HAS BEEN EXECUTED, AND THAT SUCH PERSON IS A REGISTERED
ELECTOR. A PERSON SHALL BE DEEMED A REGISTERED ELECTOR IF HIS NAME
AND ADDRESS APPEAR ON THE MASTER VOTING LIST KEPT BY THE SECRETARY
OF STATE AT THE TIME OF SIGNING THE SECTION OF THE PETITION. THE
SECRETARY OF STATE SHALL NOT COUNT THE SIGNATURE OF ANY PERSON WHO
IS NOT A REGISTERED ELECTOR OR WHOSE INFORMATION IS NOT COMPLETE OR
WAS NOT COMPLETED BY THE ELECTOR OR A PERSON QUALIFIED TO ASSIST
SUCH ELECTOR. AFTER EXAMINING THE PETITION, THE SECRETARY OF STATE
SHALL ISSUE A STATEMENT AS TO WHETHER A SUFFICIENT NUMBER OF VALID
SIGNATURES APPEARS TO HAVE BEEN SUBMITTED TO CERTIFY THE PETITION TO
THE BALLOT.
and further finds Article V, Section one, paragraph 3 states in part:
The second power hereby reserved is the referendum, and it may be
ordered, except as to laws necessary for the immediate preservation
of the public peace, health or safety, and appropriations for the
support and maintenance of the department of state and state
institutions, against any act, section or part of any act of the
general assembly, either by a petition signed by five percent of the
legal voters or by the general assembly
The use of the following safety clause:
Safety clause. The general assembly hereby finds, determines, and
declares that this act is necessary for the immediate preservation
of the public peace, health, and safety. on nearly all legislation
prevents the use of the referendum. Also, The Colorado Common Law
Jury finds the Colorado State legislature has reaffirmed the 10th
Amendment of the Constitution of the United States, enforcing the
sovereignty of the State over the federal government with the
passage of House Joint Resolution 94-1035.
The Colorado Common Law Jury further finds that through the use of the
War and Emergency Powers Act of July 29, 1933, as passed by the
Colorado State Legislature, that the God-given institution of
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the family has been eroded, as evidenced by Executive Order D00 3590.
The War and Emergency Powers Act has given the executive the power to
promote and excuse the immoral behavior, contrary to God's Laws and
the Common Law. The laws of necessity have rendered the family unit a
subdivision of the state. Children become wards of the state, with
parental rights replaced as privileges at the discretion of the state.
13) The Colorado Common Law Jury finds that the following act
abolishes any remedy through the United States District Court, as this
court may only uphold administrative decisions of the state, pursuant
to Erie Railroad vs. Thompkins, which states that the law to be
applied is the law of the state (meaning the Executive/Administrative
Law of the State).
AN ACT
To amend section 24 of the Judicial Code, as amended, with respect
to the jurisdiction of the district courts of the United States over
suits relating to orders of State administrative boards. Be it
enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, That the first paragraph of
section 24 of the Judicial Code, as amended, is amended by adding at
the end thereof the following: "Notwithstanding the foregoing
provisions of this paragraph, no district court shall have
jurisdiction of any suit to enjoin, suspend, or restrain the
enforcement, operation, or execution of any order of an
administrative board or commission of a State, or any rate-making
body of any political subdivision thereof, or to enjoin, suspend, or
restrain any action in compliance with any such order, where
jurisdiction is based solely upon the ground of diversity of
citizenship, or the repugnance of such order to the Constitution of
the United States, where such order (1)
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affects rates chargeable by a public utility, (2) does not interfere
with interstate commerce, and (3) has been made after reasonable
notice and hearing, and where a plain, speedy, and efficient remedy
may be had at law or in equity in the courts of such State."
Sec. 2. The provisions of this Act shall not affect suits connected
in the district courts, either originally or by removal, prior to
its passage; and all such suits shall be continued, proceedings
therein had, appeals therein taken, and judgments therein rendered,
in the same manner and with the same effect as if this Act had not
been passed.
Approved, May 14, 1934.
FINDING OF FACT
14) The Colorado Common Law Jury further finds that pursuant to Public
Law 313 of April 14, 1952, H.J.R. 423, allowed for the continuation of
the United Nations, shown as follows:
JOINT RESOLUTION To continue the effectiveness of certain statutory
provisions until June 1, 1952.
Whereas the existing state of war with Japan is the last declared
state of war to which the United States is a party and the
termination thereof and of the national emergencies proclaimed in
1939 and Whereas some of these statutory provisions are needed to
insure the national security and the capacity of the United States
to support the United Nations in its efforts to establish and
maintain world peace; and Whereas, in view of the impending
termination of this state of war, it is desirable to extend these
needed statutory provisions immediately until June 1, 1952, to
permit further consideration of a more extended continuation: Now,
therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That notwithstanding the
termination hereafter of the war with Japan declared December 8,
1941 (55 Stat. 795), and of the national emergencies proclaimed by
the President on September 8, 1939 (Proc. 2352, 54 Stat. 2643), and
on May 27, 1941 (Proc. 2487, 55 Stat. 1657), and notwithstanding any
proclamation of peace with respect to such war -- . . .
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The Colorado Common Law Jury further finds that in order to abolish
the United Nations' authority over the constitutional government of
the United States of America, one must first abolish the War and
Emergency Powers.
FINDING OF FACT 15) The Colorado Common Law Jury finds that pursuant
to Senate Report 93-549, compiled by Charles Mc C. Mathias Jr., Frank
Church, confirms that the War & Emergency Power to be in full force
and effect, as of November 19, 1973; and further in full force and
effect today.
REPORT
(Pursuant to S. Res. 9, 93d Cong.) A - A BRIEF HISTORICAL SKETCH OF
THE ORIGINS OF EMERGENCY POWERS NOW IN FORCE
A majority of the people of the United States have lived all of
their lives under emergency rule. For 40 years, freedoms and
governmental procedures guaranteed by the Constitution have, in
varying degrees, been abridged by laws brought into force by states
of national emergency. The problem of how a constitutional democracy
reacts to great crises, however, far antedates the Great Depression.
As a philosophical issue, its origins reach back to the Greek
city-states and the Roman Republic. And, in the United States,
actions taken by the Government in times of great crises have --
from, at least, the Civil War -- in important ways shaped the
present phenomenon of a permanent state of national emergency.
The Colorado Common Law Jury first thinks it proper to show
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the following:
FORWARD Since March 9, 1933, the United States has been in a state
of declared national emergency. In fact, there are now in effect
four presidentially proclaimed states of national emergency: In
addition to the national emergency declared by President Roosevelt
in 1933, there are also the national emergency proclaimed by
President Truman on December 16, 1950, during the Korean conflict,
and the states of national emergency declared by President Nixon on
March 23, 1970, and August 15, 1971.
These proclamations give force to 470 provisions of Federal law.
These hundreds of statutes delegate to the President extraordinary
powers, ordinarily exercised by the Congress, which affect the lives
of American citizens in a host of all-encompassing manners. This
vast range of powers, taken together, confer enough authority to
rule the country without reference to normal constitutional
processes.
Under the powers delegated by these statutes, the President may:
seize property; organize and control the means of production; seize
commodities; assign military forces abroad; institute martial law;
seize and control all transportation and communication; regulate the
operation of private enterprise; restrict travel; and, in a plethora
of particular ways, control the lives of all American citizens.
With the melting of the cold war -- the developing detente with the
Soviet Union and China, the stable truce of over 20 years duration
between North and South Korea, and the end of U.S. involvement in
the war in Indochina -- there is no present need for the United
States Government to continue to function under emergency
conditions.
The Special Committee on the Termination of the National Emergency
was created to examine the consequences of terminating the declared
states of national emergency that now prevail; to recommend what
steps the Congress should take to ensure that the termination can be
accomplished without adverse effect upon the necessary tasks of
governing; and, also, to recommend ways in which the United States
can meet future emergency situations with speed and effectiveness
but without relinquishment of congressional oversight and control.
In accordance with this mandate, the Special Committee -- in
Conjunction with the Executive branch, expert constitutional
authorities, as well as former high officials of this Government --
is now engaged in a detailed study to determine the most reasonable
ways to restore normalcy to the operations of our Government.
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A first and necessary step was to bring together the body of
statutes, which have been passed by Congress, conferring
extraordinary powers upon the Executive branch in times of national
emergency. This has been a most difficult task. Nowhere in the
Government, in either the Executive or Legislative branches, did
there exist a complete catalog of all emergency statutes. Many were
aware that there had been a delegation of an enormous amount of
power but, of how much power, no one knew. In order to correct this
situation, the Special Committee staff was instructed to work with
the Executive branch, the Library of Congress, and knowledgeable
legal authorities to compile an authoritative list of delegated
emergency powers.
This Special Committee study, which contains a list of all
provisions of Federal law, except the most trivial, conferring
extraordinary powers in time of national emergency, was compiled by
the staff under the direction of Staff Director William G. Miller,
and Mr. Thomas A. Dine; utilizing the help of the General Accounting
Office, the American Law Division of the Library of Congress, the
Department of Justice, the Department of Defense, and the Office of
Emergency Planning.
The Special Committee is grateful for the assistance provided by
Jack Goldklang of the Office of Legal Counsel, Department of
Justice; Lester S. Jayson, the director of the Congressional
Research Service of the Library of Congress; Joseph E. Ross, head of
the American Law Division of CRS; and especially Raymond Calada of
the American Law Division and his able assistants, Charles V. Dale
and Grover S. Williams; Paul Armstrong of the General Accounting
Office; Linda Lee, Patrick Norton, Roland Moore, William K. Sawyer,
Audrey Hatry, Martha Mecham, and David J. Kyte.
The Special Committee will also publish a list of Executive Orders,
issued pursuant to statutes brought into force by declared states of
emergency, at a later date.
Charles McC. Mathias, Jr.
Frank Church,
Co-Chairmen.
The Colorado Common Law Jury finds and agrees with the Special
Committee on the Termination of the National Emergency, as stated in
paragraph four:
"there is no present need for the United States Government to
continue to function under emergency conditions."
-51-
"In the view of the Special Committee, an emergency does not now
exist. Congress, therefore, should act in the near future to
terminate officially the states of national emergency now in
effect."
At the same time, the Special Committee is of the view that it is
essential to provide the means for the Executive to act effectively in
an emergency. It is reasonable to have a body of laws in readiness to
delegate to the President extraordinary powers to use in times of real
national emergency. The portion of the concurring opinion given by
Justice Jackson in the Youngstown Steel case with regard to emergency
powers provides sound and pertinent guidelines for the maintenance of
such a body of emergency laws kept in readiness to be used in times of
extreme crisis. Justice Jackson, supporting the majority opinion that
the "President's power must stem either from an act of Congress or
from the Constitution itself: wrote:
"The appeal, however, that we declare the existence of inherent
powers ex necessitate to meet an emergency asks us to do what many
think would be wise, although it is something the forefathers
omitted. They knew what emergencies were, knew the pressures they
engender for authoritative action, knew, too, how they afford a
ready pretext for usurpation. We may also suspect that they
suspected that emergency powers would tend to kindle emergencies.
Aside from suspension of the privilege of the writ of habeas corpus
in time of rebellion or invasion, when the public safety may require
it, they made no express provision for exercise of extraordinary
authority because of a crisis. I do not think we rightfully may so
amend their work, and, if we could, I am not convinced it would be
wise to do so, although many modern nations have forthrightly
recognized that war and economic crises may upset the normal balance
between liberty and authority. Their experience with emergency
powers may not be irrelevant to the argument here that we should say
that the Executive, of his own volition, can invest himself with
undefined emergency powers."
The Colorado Common Law Jury finds and agrees with the Special
Committee on its findings as stated in the first paragraph.
-52-
"In the view of the Special Committee, an emergency does not now
exist. Congress, therefore, should act in the near future to
terminate officially the states of national emergency now in
effect."
"On August 15, 1971, President Nixon, inProclamation 4074, declared
an emergency concerning America's declining worldwide economic
position. He imposed an import surcharge and devalued the dollar,
among other things. One year later, when the Export Control Act
lapsed for a month, he invoked Sec. 5(b) to regulate exports, basing
his authority to do so both on his Proclamation 4074 and on
President Truman's proclamation of 1950.
"The current law, which has thus accrued over a period of 50 years,
gives the President a wide range of powers, but only in time of war
or declared national emergency. Although the Korean war has ended,
these powers are being exercised solely on the basis of the 1950
emergency; or, on the basis of the President's unilaterally
designating as "emergencies" situations which have only the most
tenuous relationship to the serious national crises for which the
Trading with the Enemy Act was originally intended. The President,
with the approval of Congress, has thus used as authority for
extraordinary actions laws which have no real relationship
whatsoever to existing circumstances. As a consequence, a "national
emergency" is now a practical necessity in order to carry out what
has become the regular and normal method of governmental action.
What were intended by Congress as delegations of power to be used
only in the most extreme situations and for the most limited
durations have become everyday powers; and a state of "emergency"
has become a permanent condition."
The Colorado Common Law Jury finds the Justice Department to be
absolutely correct when it stated:
What were intended by Congress as delegations of power to be used
only in the most extreme situations and for the most limited
durations have become everyday powers; and a state of "emergency"
has become a permanent condition."
-53- FINDING OF FACT
16) The Colorado Common Law Jury finds that Congress passed, on Sept.
14, 1976, what appeared to be an Act Terminating Existing Declared
Emergencies.
PUBLIC LAW 94-412 SEP. 14, 1976 90 STAT. 1255
Public Law 94-412 94th Congress
AN ACT
To terminate certain authorities with respect to national
emergencies still in effect, and to provide for orderly
implementation and termination of future national emergencies.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the "National Emergencies Act".
TITLE I -- TERMINATING EXISTING DECLARED EMERGENCIES
Sec. 101. (1) All powers and authorities possessed by the President,
any other officer or employee of the Federal Government, or any
executive agency, as defined in section 105 of title 5, United
States Code, as a result of the existence of any declaration of
national emergency in effect on the date of enactment of this Act
are terminated two years from the date of such enactment. Such
termination shall not affect--
(1) any action taken or proceeding pending not finally concluded or
determined on such date;
(2) any action or proceeding based on any act committed prior to
such date; or
(3) any rights or duties that matured or penalties that were
incurred prior to such date.
(b) For the purpose of this section, the words "any national
emergency in effect" means a general declaration of emergency made
by the President.
TITLE II -- DECLARATIONS OF FUTURE NATIONAL EMERGENCIES
Sec. 201.(1) With respect to Acts of Congress authorizing the
exercise, during the period of a national emergency, of any special
or extraordinary power, the President is authorized to declare such
national emergency. Such proclamation shall immediately be
transmitted to the Congress and published in the Federal Register.
-54-
(b) Any provisions of law conferring powers and authorities to be
exercised during a national emergency shall be effective and remain
in effect (1) only when the President (in accordance with subsection
(a) of this section), specifically declares a national emergency,
and (2) only in accordance with this Act. No law enacted after the
date of enactment of this Act shall supersede this title unless it
does so in specific terms, referring to this title, and declaring
that the new law supersedes the provisions of this title.
Sec. 202. (a) Any national emergency declared by the President in
accordance with this title shall terminate if--
(1) Congress terminates the emergency by concurrent resolution; or
(2) the President issues a proclamation terminating the emergency.
TITLE V -- REPEAL AND CONTINUATION OF CERTAIN EMERGENCY POWER AND
OTHER STATUTES
Sec. 501.(1) Section 349(a) of the Immigration and Nationality Act
(8 U.S.C. 1481(a)0 is amended--
(1) at the end of paragraph (9), by striking out "; or" and
inserting in lieu thereof a period: and
(2) by striking out paragraph (10).
(b) Section 2667(b) of title 10 of the United States Code is
amended-- (1) by inserting "and" at the end of paragraph (3); (2) by
striking out paragraph (4); and
(3) by redesignating paragraph (5) as (4).
(c) The joint resolution entitled "Joint resolution to authorize the
temporary continuation of regulation of consumer credit", approved
August 8, 1947 (12 U.S.C. 249), is repealed.
(d) Section 5(m) of the Tennessee Valley Authority Act of 1933 as
amended (16 U.S.C. 831d(m)) is repealed.
(e) Section 1383 of title 18, United States Code, is repealed.
(f) Section 6 of the Act entitled "An Act to amend the Public Health
Service Act in regard to certain matters of personnel and
administration, and for other purposes" approved February 28, 1945,
is amended by striking out subsections (b), (c), (d), (e), and (f)
(42 U.S.C. 211b).
(g) Section 9 of the Merchant Ship Sales Act of 1946 (50 U.S.C. App.
1742) is repealed.
(h) This section shall not affect--
(1) any action taken or proceeding pending not finally concluded or
determined at the time of repeal;
(2) any action or proceeding based on any act committed prior to
repeal; or
-55-
(3) any rights or duties that matured or penalties that were
incurred prior to repeal.
Sec. 502 (a) The provisions of this Act shall not apply to the
following provisions of law, the powers and authorities conferred
thereby, and actions taken thereunder:
(1) Section 5(b) of the Act of October 6, 1917, as amended (12
U.S.C. 95a; 50 U.S.C. App. 5(b));
(2) Act of April 28, 1942 (40 U.S.C. 278b);
(3) Act of June 30, 1949 (41 U.S.C. 252);
(4) Section 3477 of the Revised Statutes, as amended (31 U.S.C. 203)
(5) Section 3737 of the Revised Statutes, as amended (41 U.S.C. 15):
(6) Public Law 85-804 (Act of Aug. 28, 1958, 72 Stat 872. 50 U.S.C.
1431-1435);
(7) Section 2304(a) (1) of title 10, United States Code:
(8) Sections 3313, 6386(c), and 8313 of title 10, United States
Code.
The Colorado Common Law Jury finds that Public Law 94-412, of
September 14, 1976, in what appeared to be an Act Terminating existing
Declared Emergencies, did not terminate many of the existing
emergencies, and left in effect Section 5(b) of the Act of October 6,
1917, as amended, to wit:
Sec. 95b. Ratification of acts of President and Secretary of the
Treasury under 95a The actions, regulations, rules, licenses, orders
and proclamations heretofore or hereafter taken, promulgated, made,
or issued by the President of the United States or the Secretary of
the Treasury since March 4, 1933, pursuant to the authority
conferred by subsection (b) of section 5 of the Act of October 6,
1917, as amended[12 USCS ss: 95a], are hereby approved and
confirmed. (Mar. 9, 1933, c. 1, Title I, ss 1, 48 Stat. 1.)
FINDING OF FACT
17) The Colorado Common Law Jury finds that Working Paper 9405 by
Walker F. Todd, writing for the Federal Reserve Bank of Cleveland,
confirms and verifies the work and findings of Dr. Eugene Schroder,
regarding his work on the War and Emergency
-56-
Powers Act under the Trading With the Enemy Act of Oct. 6, 1917, as
amended; and further the said Working Paper 9405 is an extra valuable
source of information concerning a period of time before Hoover left
office, who had to face the aftermath of the stock market crash of
1929, and his dilemma as to what actions should be taken for recovery.
Page two of Working Paper 9405 states in part:
. . . where he is talking about the United States taking similar
steps to Britain and Europe and their bail-out of privately owned
joint stock corporations, etc...
. . . There were comparatively few large-scale peacetime
interventions by the federal government in the operations of private
markets prior to Herbert Hoover's administration.
However, the British and continental European experiences with
governmentally sponsored or controlled joint stock corporations and
with explicit and covert bailout mechanisms for existing private
corporations are quite old. The Bank of England (chartered in 1694),
the South Seas Company (1711), and the East India Company
(especially after 1763) were all involved in one or another kind of
governmental bailout scheme. . . . There were limited attempts, made
by Alexander Hamilton, Henry Clay, and other proponents of large
government and of governmental protection and subsidy of enterprise,
to imitate the European example on these shores. . . . But those
explicit bailout, protection, and subsidy schemes usually were of
limited duration and eventually either failed or were abandoned,
with the exceptions of the protective tariff and the land grants to
railroad companies in the West during the second half of the
nineteenth century.
In continental Europe, there was a rising fascination throughout the
nineteenth century with central planning, with cooperation between
government and industrialists, and with social movements that we now
call corporate statism or even, in its post-Mussolini
manifestations, fascism. The political economy model of the
corporate state is rhetorically inconsistent with the classical
liberal model that dominated the United States until the 1930s.
However, the principal distinctive feature of corporatism, an
explicit partnership between large,
-57- incorporated businesses and the central government, rationally
could have been expected to emerge as a distorted version of the
American system whose theoretical origins and institutional
structures were created by Hamilton and whose strongest proponent
was Clay. The most complete realization of this system was the
governmental assistance to and tariff protection of perpetually
chartered corporations under Republican administrations after the
Civil War. (see Hicks [1961], pp. 54-95).
It goes on to relate on page 7
Hoover's relations with bankers and the Federal Reserve reached a
turning point in May 1931. Until then, apart from occasional
letter-writing and other jaw boning exercises, Hoover did not take
"direct action" of his own against banks or the Fed after the
October 1929 crash.
On May 7, 1931, Hoover learned of the dire economic and political
circumstances in Germany (analogous to those of Russia in 1993) and
apparently promised some form of U.S. assistance to support "the
efforts of liberal-minded men in Germany, Austria, and Eastern
Europe to sustain their representative governments against the
political forces besetting them" . . .
By June 18, Treasury Secretary Mellon, who also was ex-officio
chairman of the Board, reversed his earlier position against U.S.
official assistance to the European central banks as runs on gold
and foreign exchange reserves spread into Germany (ibid., p. 68).
The central banks' loans were coordinated through the Bank for
International Settlements. The Reserve Banks lent $1.08 million for
Austria on May 30, $2 million for Hungary on June 19 (increased to
$5 million on July 8), $25 million for Germany on June 26, and $125
million for the Bank of England on August 1 (Board of Governors,
Annual Report [1931], pp. 12-13).
Meyer organized banking and industrial committees in the Federal
Reserve districts "to help the economy get into motion again" in
May-June 1932, with General Electric chairman Owen Young serving as
the chairman of the New York district's committee (see ibid., p.
222; Federal Reserve Bulletin [1932], vol. 18, pp. 416-418). The
Board's Annual Report ([1932], p. 22), describes the impetus for the
formation of these committees (which on their face would seem to be
superfluous because their members were drawn from the same pools of
men who served as Reserve Banks' directors). According to that
account, the Board's concern (ostensibly shared by the Reserve
Banks) was that "steps should be taken to enlist the
-58- cooperation of bankers and business men in an effort to develop
ways and means of making effective use of the funds which were being
made available by the open-market operations of the System." The
Board apparently intended that the committees would conduct surveys
in their districts with the purpose of detecting what now would be
called "credit crunches," that is, determining "to what extent
legitimate credit requirements of commerce, industry, and
agriculture were not being supplied on account of a lack of banking
facilities or for other reasons, and . . . acquainting prospective
borrowers with possible sources of credit" (ibid.).
As Meyer's biographer describes it, at some time before the banking
crisis became acute, probably between December 1932 and February
1933, the Board "had its counsel [Wyatt] prepare an executive order
declaring a national bank holiday, to be used in case of necessity"
(Pusey [1974]. p. 234). Wyatt derived the statutory authority for
proclaiming the president's emergency powers from the Trading with
the Enemy Act of World War I (Olson [1988], pp. 30-31). Meyer and
the Board felt strongly that the proclamation was necessary as the
state bank suspensions gathered momentum in the weeks prior to the
inauguration of Franklin D. Roosevelt as president (March 4, 1933),
and they were frustrated that Hoover seemed inclined only toward the
milder remedy of limiting withdrawals of currency and gold (Pusey
[1974], p. 234).
Hoover was willing to entertain the notion of an emergency
proclamation limiting withdrawals, but only if Roosevelt authorized
him to say that the president-elect also approved of it.
Hoover later wrote:
I had consulted our legal advisors as to the use of a certain
unrepealed war power over bank withdrawals and foreign exchange.
Most of them were in doubt on the ground that the lack of repeal was
probably an oversight by the Congress, and under another law, all
the war powers were apparently terminated by the peace. Secretary
[or the Treasury Ogden] Mills and Senator Glass held that no certain
power existed. There was danger that action under such doubtful
authority would create a mass of legal conflicts in the country and
would incur the refusal of the banks to comply. I then developed the
idea of my issuing an executive order under this power, provided
Roosevelt would approve. My legal advisors agreed that, if he
approved, it could be done because he could secure ratification in a
few days
-59-
from his overwhelming majority in the incoming Congress. (Hoover
[1952], p. 205)"
Another telling indictment of the legal, as distinct from the
political, basis for the emergency proclamation that the Board's
general counsel prepared was the following exchange between
Roosevelt and Senator Glass in Roosevelt's hotel room at 11:30 on
the night before the inauguration:
[Roosevelt]: [Hoover says that the Board has asked him twice within
the last three days to issue an emergency proclamation, but I told
him that the governors of the states can take care of bank
closings.]
[Glass]: "Yes, I know."
[Roosevelt]: "The previous time [that the Board asked Hoover for the
proclamation] I sent [incoming Treasury Secretary William] Woodin to
[outgoing Treasury Secretary Ogden] Mills to tell him I would not
give my approval to such a proclamation."
"I see. What are you planning to do?" asked Glass.
"Planning to close them, of course," answered Roosevelt.
"You will have no authority to do that, no authority to issue any
such proclamation, protested Glass. It is highly questionable in my
mind if you will even have the authority to close national banks --
and there is no question, at all, that you, even as President, will
lack the authority to close banks chartered by the states."
"I will have that authority," argued Roosevelt. "Under the Enemy
Trading Act, passed during the World War and never rescinded by
Congress, I, as President, will have the authority to issue such an
emergency proclamation for the purpose, as the Act says, 'of
limiting the use of coin and currency to necessary purposes.'"
"It is my understanding that President Hoover explored that avenue a
year or two ago -- and again during recent days," said Glass.
"Likewise, it is my understanding that the Attorney General informed
him that it was highly questionable if, even under this act, though
it has never been rescinded by Congress, the President has any such
authority. Highly questionable because the likelihood is the
-60- act was dead with the signing of the Peace Treaty, if not
before."
"My advice is precisely the opposite."
"Then you've got some expedient advice," returned Glass. . . .
[Glass then argued that the courts would find the proclamation
unconstitutional because it would require the unwarranted closing of
solvent banks and because, even if all the banks were known to be
insolvent,] "I am sure such a proclamation could not legally include
banks chartered by the states." [Wyatt's written opinion of December
5, 1932, argued just the contrary, that the federal government could
close state-chartered banks.]
"Nevertheless," declared Roosevelt, "I am going to issue such a
proclamation." . . .
Convinced though he [Glass] was there had been no need for closing
the banks [Glass believed that only insolvent banks could not
withstand the runs of February-March 1933] and certain, too, the
President was without constitutional authority for his act, those
convictions were lost causes. (Smith and Beasley [1972], pp. 341-343
As is generally known, one of President Roosevelt's first official
acts after taking office on Inauguration Day (Saturday, March 4,
1933), was to proclaim an emergency, three-day, nationwide banking
holiday, signed and effective Monday, March 6. Late in the
preinaugural banking crisis, on March 3, the Federal Reserve Board
and the New York Reserve Bank's Governor Harrison had agreed that
the Board would issue an order closing all the Federal Reserve
Banks. New York Governor Herbert Lehman, at the urging of Governor
Harrison, also agreed to proclaim an emergency bank holiday in New
York, and a similar action was taken in Illinois. Thus, the Board
had placed first Hoover and then Roosevelt in a position in which,
as a practical matter, the president could not allow Monday to
arrive without some kind of emergency proclamation (Pusey [1974], p.
237).
. . . Representative Hamilton Fish of New York, after Roosevelt's
first 'fireside chat' on March 12, 'proudly pronounced the new
regime "an American dictatorship based on the consent of the
governed without any violation of individual liberty or human
rights" ' (ibid., p. 15). The text of that fireside chat, 'relative
to the banking situation,' is printed in full
-61- in the Federal Reserve Bulletin ([1933], vol.19, pp. 120- 122),
a circumstance, that in light of everything else that transpired
then, causes one to wonder who actually drafted that text for
Roosevelt.
Matthew Josephson describes the principal features of the early
National Recovery Administration -- whose emblem became Johnson's
famous NRA 'Blue Eagle' -- as follows:
The NRA introduced national planning under trade agreements called
"codes," which were drafted by the different trade associations and
administered mainly by representatives of business. The whole scheme
for control of production, for stabilizing wages, and for
eliminating "unfair" competition, while granting immunity from
antitrust prosecution, was conceived originally by President Gerard
Swope of the General Electric and by the U.S. Chamber of Commerce;
it was modified somewhat by granting labor a vague "bill or rights,"
the NRA 7(a) clause providing for workers' representation by unions
of their own choosing. . . . [T]he NRA . . . encouraged cartel
organization in the various industries. . . . Several of the largest
employers, such as Henry Ford, consulted their lawyers and flatly
refused to comply with such programs; Sewell Avery, head of the
great Montgomery Ward mail order concern, . . . resisted the NRA. .
. . In Washington there was a free-for-all as representatives of
large and small businesses congregated in the capital to have their
quotas of output, prices, and wages established to their liking.
(Josephson [1972], pp. 248-250)
The history of the NRA after June 1933 is described in Schlesinger
([1959], pp. 87-176). Johnson, Tugwell, and other stalwart defenders
of the NRA believed that the business production codes, combined
with the organization of labor into collective bargaining units,
would create a public sense of solidarity, or everyone joining
forces in a common enterprise, a somewhat romantic notion that
derived directly from the aspirations of the Catholic Socialism and
Christian (that is, Protestant) Socialism movements of
late-nineteenth-century Europe (see Gide and Rist [1913], pp.
483-514). A "Blue Eagle" parade in support of the NRA drew large
crowds in New York City in early September 1933, and industries
submitted draft production codes to the NRA in the late summer and
early fall. Some industries tried to hold out for company unions
instead of the independent unions required by
-62- Section 7(a) of the National Industrial Recovery Act
(Schlesinger [1959], pp. 115-117, 136-151).
The Colorado Common Law Jury finds that Todd is describing President
Roosevelt's New Deal as a form of corporate/ statism, and fashioned
after Mussolini's fascism; a collusion between Government and major
corporations, working together, granting themselves exemption from
Anti-Trust Law.
The Colorado Common Law Jury finds that Working Paper 9405, by Walker
E. Todd is proof that it was the Federal Reserve Bank who first wanted
Hoover to come to their aid by calling for a Bank Holiday (closing of
the Banks), and; we find that Hoover refused on the advice of the
Attorney General, claiming he had no authority.
We, the Colorado Common Law Jury find that President Roosevelt was
forewarned by Senator Glass against closing the Banks, but totally
ignored his advice, as shown on page 30 and 31, and; that he was
determined to close the banks as first recommended by the Federal
Reserve Bank.
FINDING OF FACT
18) The Colorado Common Law Jury finds that on November 10, 1798, the
Kentucky legislature adopted what is known as The Kentucky Resolution,
which spelled out the criminal jurisdiction of the United States,
which was delegated to them by the Constitution, and they were as
follows:
1.) to punish treason; 2.) counterfeiting the securities and current
coin of the United states; 3.) piracies and
-63-
felonies committed on the high sea, and; 4.) offences against the
law of nations. It goes on to say:
"1. Resolved, That the several States composing the United States of
America, are not united on the principle of unlimited submission to
their general government; but that, by a compact under the style and
title of a Constitution for the United States, and of amendments
thereto, they constituted a general government for special purposes
-- delegated to that government certain definite powers, reserving,
each State to itself, the residuary mass of right to their own
self-government; and that whensoever the general government assumes
undelegated powers, its acts are unauthoritative, void, and of no
force: . . ."
We, the Colorado Common Law Jury, further find that the Kentucky
Resolution was a protest against the Alien and Seditions Acts passed
by Congress, which sought to include and define other crimes, which
were not delegated to them by the Constitution, such as:
" . . . An Act to punish frauds committed on the bank of the United
States," (and all their other acts which assume to create, define,
or punish crimes, other than those so enumerated in the
Constitution,) are altogether void, and of no force; and that the
power to create, define, and punish such other crimes is reserved,
and, of right, appertains solely and exclusively to the respective
States, each within its own territory."
The Colorado Common Law Jury further finds that the Alien and Sedition
Acts passed by Congress then, were very much similar to the modern day
"Trading With the Enemy Act, as amended," as issued on March 6, 1933
by Executive Order 2039, and Executive Order 2040 of March 9, 1933,
creating an entire series of new federal crimes.
The Colorado Common Law Jury further finds that the Alien and Sedition
Act was about to drive their States into a revolution, as
-64-
stated in "8. Resolved", which reads in part:
". . . that the friendless alien has indeed been selected as the
safest subject of a first experiment; but the citizen will soon
follow, or rather, has already followed, for already has a sedition
act marked him as its prey: that these and successive acts of the
same character, unless arrested as the threshold, necessarily drive
these States into revolution and blood, . . ."
The Colorado Common Law Jury further finds that the Alien and Sedition
Act was later repealed, after Jefferson was elected President, as
having no authority under the Constitution.
II. CONCLUSIONS
1) The Colorado Common Law Jury concludes that the original Trading
with the Enemy Act of October 6, 1917, passed by Congress during World
War I, was valid and constitutional. Congress was within it's
constitutional authority.
Article I, Section 8, Clause 11 states: "The Congress shall have
Power to declare War, grant Letters of Marque and Reprisal, and make
Rules concerning Captures on Land and Water."
2) The Colorado Common Law Jury further concludes that Executive Order
2039, of March 6, 1933 and Executive Order 2040 of May 9, 1933 are
invalid and unconstitutional; and further all Executive Order s,
Proclamation s, statutes, judgments, etc. made thereunder, and made
thereafter, are likewise invalid and unconstitutional, for the
following reasons:
a. Pursuant to Stoehr v. Wallace decided Feb. 28, 1921, which
stated:
"The Trading With the Enemy Act, original and as amended, is
strictly a war measure and finds its sanctions in the provision
empowering Congress 'to declare War, grant Letters of Marque and
Reprisal, and make Rules concerning Captures on Land and Water . .
.'."
-65-
3) The Colorado Common Law Jury concludes that in his inaugural
address of March 4, 1933, President Roosevelt acknowledged that no
invasion or rebellion had taken place. Roosevelt proceeded by asking
for:
". . . broad Executive power to wage a war against the emergency, as
great as the power that would be given me if we were in fact invaded
by a foreign foe."
4) The Executive Order 2039 of March 6, 1933 was amended and in its
final form included the American people and their transactions the
same as "enemy" and made them subject to all the War-time Executive
Order s, Rules, Regulations, Licenses etc.
5) The Colorado Common Law Jury not only concludes that there was an
Act of "Fraud" perpetrated against the American people, but also an
Act of Treason, under Article III, Section 3 of the United States
Constitution.
Section 3. Treason against the United States, shall consist only in
levying War against them, or in adhering to their Enemies, giving
them Aid and Comfort.
6) The Colorado Common Law Jury conclusion is further supported by
Senate Report 93-549, which states in part
A majority of the people of the United States have lived all of
their lives under emergency rule. For 40 years, freedoms and
governmental procedures guaranteed by the Constitution have, in
varying degrees, been abridged by laws brought into force by states
of national emergency.
and further states:
"there is no present need for the United States Government to
continue to function under emergency conditions."
and further states: -66-
"In the view of the Special Committee, an emergency does not now
exist. Congress, therefore, should act in the near future to
terminate officially the states of national emergency now in
effect."
7) The Colorado Common Law Jury's conclusions are further supported by
Working Paper 9405 by Walker F. Todd, writing for the Federal Reserve
Bank of Cleveland. Coming "straight from the horse's mouth" -- Todd
describes it as a "large-scale peacetime intervention," See page 2,
Working Paper 9405.
and further:
Hoover later wrote: "I had consulted our legal advisors as to the
use of a certain unrepealed war power over bank withdrawals and
foreign exchange. Most of them were in doubt on the ground that the
lack of repeal was probably an oversight by the Congress, and under
another law, all the war powers were apparently terminated by the
peace. Secretary [or the Treasury Ogden] Mills and Senator Glass
held that no certain power existed.
8) The Colorado Common Law Jury makes the conclusion that the
overwhelming evidence is: that the War and Emergency Power Act was
enacted at a time when the country was at peace and was not under
threat of invasion and not in a state of rebellion, which is the
controlling factor in this case.
9) The Colorado Common Law Jury further concludes that pursuant to the
Kentucky Resolution, which spelled out the criminal jurisdiction of
the United States to four specifics,
i.e.: "1.) to punish treason; 2.) counterfeiting the securities and
current coin of the United states; 3.) felonies committed on the
high sea, and; 4.) offences against the law of nations."
-67- and further; that Congress had no other criminal jurisdiction,
other than what was delegated to them by the Constitution,
and further; the Colorado Common Law Jury concludes that the War and
Emergency Power is synonymous with the Alien and Sedition Acts
described in the Kentucky Resolutions of 1798; and further it is a
matter of Res judicata. Wheretofore, Executive Order 2039 of March 6,
1933, and Executive Order 2040, and all statutes, orders, judgments,
etc., passed thereunder are all void and having no authority,
whatsoever.
10) In Colorado HB 89-1181 has been unconstitutionaly used to usurp
the right of the people to redress government through initiative and
referendum.
11) In Colorado the "safety clause" found on most legislation is a
fraudulent usurpation of the people's right of referendum.
12) In Colorado the repeal of anti-trust laws establishes a corporate
government that conflicts with its interest and obligation in
protecting the rights of the people of Colorado.
13) The Colorado Common Law Jury concludes that since March 9, 1933
the United States of America has been impoverished; during the past 45
years we have slipped from the wealthiest, most powerful nation on
earth, to the world's greatest debtor nation, in imminent danger of
catastrophic economic collapse, and further concludes that the
exercise of War and Emergency Powers has impoverished the American and
deprived Americans of unalienable
-68-
rights, and have worked contrary to the safety, health, liberty and
general welfare of the American people.
The Colorado Common Law Jury on behalf of the People, in and for
Colorado Republic, hereby Command the defendants to Show Cause why the
Emergency Statutes passed within this state should not be terminated,
along with the War and Emergency Powers of the United States. If the
defendants should fail in any way to Show Cause, then this Finding of
Fact and Conclusions by Our Court of First and Last Resort shall
become a Superseding Judgment, and upon failure of the public to
properly protest said judgment, it shall become, Case Res judicata.
The Court is instructed to issue all necessary documents. I/we the
Jurats of the Colorado Common Law Jury hereby attest and acknowledge
that the above Finding of Fact s and Conclusions are true, correct,
certain, reliant and necessary to the well- being of the people of our
Colorado Republic. Our Finding of Fact s and Conclusions of Law by our
Colorado Common Law Jury is not reviewable by any other Court of the
United States than in accordance to the rules of Common Law, per the
seventh amendment to our National Constitution, nor subject to
trespass by the judicial power of the United States as per the
eleventh amendment to our National Constitution. So agreed to and done
this ____ day of August, 1995.
-69-
_______________________________ _______________________________
Per curiam Per curiam
_______________________________ _______________________________
Per curiam Per curiam
_______________________________ _______________________________
Per curiam Per curiam
_______________________________ _______________________________
Per curiam Per curiam
_______________________________ _______________________________
Per curiam Per curiam
_______________________________ _______________________________
Per curiam Per curiam
_______________________________ _______________________________
Per curiam Per curiam
_______________________________ _______________________________
Per curiam Per curiam
_______________________________ _______________________________
Per curiam Per curiam
_______________________________ _______________________________
Per curiam Per curiam
United States of America )
) ss:
Country of Colorado State )
I, ______________________________, duly appointed,
commissioned, and privately bonded National officer, hereby attest
and acknowledge that the signatures of the above jurats are the
ones chosen by the People of the several states, and that the jury
was presented with testimony and the facts, pertaining to the
necessity of the termination of the non-constitutional War and
Emergency Powers, being perpetrated upon the American People.
On this _______ day of June, 1995.
_______________________________
Notarial Officer
Fee: _______________
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X-Google-Language: ENGLISH,ASCII-7-bit X-Google-Thread: fd5f7,9b5eaa365b99cdef,start X-Google-Attributes: gidfd5f7,public X-Google-Thread: 110f21,9b5eaa365b99cdef,start X-Google-Attributes: gid110f21,public X-Google-Thread: 105dfd,9b5eaa365b99cdef,start X-Google-Attributes: gid105dfd,public X-Google-Thread: 107f36,9b5eaa365b99cdef,start X-Google-Attributes: gid107f36,public X-Google-Thread: 10dabe,9b5eaa365b99cdef,start X-Google-Attributes: gid10dabe,public X-Google-Thread: 109f22,9b5eaa365b99cdef,start X-Google-Attributes: gid109f22,public From: stephenh@netcom.com (stephenh) Subject: Federal Reserve, FDR, and Fascism Date: 1995/12/31 Message-ID: <stephenhDKH0CE.GvB@netcom.com> X-Deja-AN: 123307217 sender: stephenh@netcom18.netcom.com organization: NETCOM On-line Communication Services (408 261-4700 guest) newsgroups: sci.econ,alt.politics.economics,alt.politics.usa.congress,alt.politics.reform,alt.politics.usa.constitution,dc.politics