Appendix C- Of Note

4. Of Note...

Apparently members of the common law court movement have no problem with ignoring the concept of separation of powers—they have on a number of occasions filed documents intended to command that their state legislatures rethink longstanding statutes. Kidding aside, members of the movement attempt to take public participation to a fascinating new level, a sort of "if you can't join them, join them" philosophy in which the movement tries to bring about social change by literally commanding those in power to bring it about. Following are some examples of this odd trend.

Colorado Findings of Fact and Redress for Grievances

(To be heard April 29 by Colorado State Legislature, 1:30 p.m.. Old Supreme Court Chambers committee room on second floor, north end of Colorado State Capitol, Denver.)

Country of Colorado Our One Supreme Court

Common Law Venue; Original and Exclusive Jurisdiction Outside the

District of Columbia

In Fremont County, Colorado Republic

People, for Colorado Republic, )

ex rel, ) "IN LAW"

Demandant, Plaintiff, )

)

vs. ) “IN LAW”

)

STATE OF COLORADO, ) Redress Of Grievance

“its” political subdivisions and ) Grievance

officers thereof, et al )

Respondents, Defendants ) Case – Colorado 95-1

Specifically To: )

)

) Petition de Droit

) and

) Command To Show Cause

)

PRAECIPE

(Summons)

I, Alvin Jenkins, special appointed clerk, in and for Colorado Republic, hereby under the order and authority of the People for the several counties, command the above named defendants to show lawful cause and place into evidence by signed affidavit. Lawful documentation of the "Emergency Government" described in the attached pages ____through ____. This Colorado Common Law Assembly has concluded, "In Law", that no authority or necessity exists for an "Emergency Government" and that such a government is operating against the best interest and will of the Sovereign People, the "state" in fact. Affidavits of response must be sent to the above Clerk of Court address within 60 days of day served, exclusive of day received. If no Lawful evidence to the contrary is received, these facts stated as Truth and this Assembly of the Sovereign People shall continue "in Law" to remove this bondage from us. _____________________________ Special Appointed Clerk

Country of Colorado Republic )

) ss: Affidavit of Return

In and for the several counties )

I, _______________________, special appointed private courier, attest and acknowledge that I did serve upon above specifically named defendant by Contract via insured RRR Mail # _____________ this Praecipe and Attached Exhibits.

AFFIDAVIT

I, Alvin Jenkins, special appointed Clerk of the Court, for the term, hereby Attest and Acknowledge that the following is True, Correct, and Certain, in relation to the record of proceedings that are in my possession for safe-keeping, but open to the public for review.

1. War & Emergency Powers Special Report

2. Constitution: Fact or Fiction

3. Working Paper 9405

A. Colorado Legislative Acts

B. Kevin Tebedo Testimony

C. Colorado Legislative Acts

D. Jury List

E-l. Colorado Constitution

E-2. 10th Amendment Resolution

I, Alvin Jenkins, attest; 1) that the above is as recorded within the Case Jacket in my possession and open for review upon request, and 2) the attached _____ pages are True, Correct, and Certain copies of the Original Petition for Redress of Grievance by the Common Law Assembly.

Attest: __________________________

Alvin Jenkins

COUNTY OF BACA )

) ss:

STATE OF COLORADO )

Subscribed and sworn to before me this ____ day of October, 1995.

Witness my hand and official seal.

My Commission Expires: ________________

_____________________________________ Notary Public

._____________________________________ Address

Country of Colorado

Our One Supreme Court

Common Law Venue; Original and Exclusive Jurisdiction Outside the District of Columbia In Fremont County, 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.

[...]

[ The "Colorado Common Law Jury" issued 18 "findings of fact," quoting at length from such sources as the Constitution, the Congressional Record, Communications of the President of the United States, among others, in support of its argument that neither the Federal Government nor the Legislature of Colorado had any authority to pass restrictive laws consistent with "emergency conditions" essentially in the period following the great depression.] [...]

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 Manqué 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 Orders, Proclamations, 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 Manqué and Reprisal, and make Rules concerning Captures on Land and Water . . .'."

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 Orders, 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:

"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." 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. Whereto fore, 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 HE 89-1181 has been unconstitutionally 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 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 Facts and Conclusions are true, correct, certain, reliant and necessary to the well-being of the people of our Colorado Republic.

Our Finding of Facts 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 19th day of August, 1995.