E-mail address is: wtpfit@gmail.com
We The People for Independent Texas Websites:
http://wtpfit.freeservers.com Start October 2005 Current Website
http://wtpcc.freeservers.com 2005 to October 2005
http://wtplc.freeservers.com Years 2001 - 2004
http://micromann.freeservers.com Original Website
http://trcp.freeservers.com Texas Rules of Civil Procedure - TRCP
http://www.freewebs.com/wtpfit/ Clerks Duties
Get a copy of the Video: Copyright - Its All in the NAME.
A sample copyright instrument suitable for recordation will be included.
A CD is now also available for a donation containing documents actually used.
CD contains:
Documents actually used.
MP3 Audio of Classes
MP3 Audio of Copyright Class
Texas Rules of Civil Procedure
All past classes are available by special request only!
The reason we do not set a price is because if we did it would be a price and not a donation. Some can afford more and others can afford nothing. It is not for us to make that decision. We send the information out and if you want to donate, we say thank you but many cannot afford it and are deprived of lawful information. Most donate at least enough to cover postage and materials and others donate to cover the ones that are not as fortunate.
Note: All additions to Website is in order by date.
** Newest information is always at the bottom! **
[Behind the Scenes with Ken Posted October 7, 2005]
Subject: Roe v. Wade violated the Human rights treaty
From: evans
To: secretary@sos.state.tx.us
Sent: Friday, October 07, 2005 12:17 PM
NOTICE
TO: GOVERNOR Rick Parry by notice to the office of the Secretary of State of Texas pursuant to T.R. C.P. 2. I already sent you a copy of the Texas law in this matter here is the Treaty law.
[Added Note: It was sent under the title of Murder dated Aug 15, 2005]
The baby that is aborted in Texas is arbitrarily deprived of his life in violation of this treaty and Texas law. I believe that is called murder. The supreme Courts ruling in Roe vs. Wade arbitrarily violated this treaty and Texas law. Who issues license to these clinics that are being aborted in violation of this treaty and the Laws of Texas.
Answer: It is the religious cult known as THE STATE OF TEXAS run out of the middle Temple in the city of London by its bar card attorneys (the Priest and the alleged Texas judges who are the High Priest) in collusion with all three branches of the Texas government...
AMERICAN CONVENTION ON HUMAN RIGHTS
(Signed at the Inter-American Specialized Conference on Human Rights, San Jos, Costa Rica, 22 November 1969)
CHAPTER II: CIVIL AND POLITICAL RIGHTS
Article 3. Right to Juridical Personality
Every person has the right to recognition as a person before the law.
Article 4. Right to Life
1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
[Behind the Scenes with Ken Posted October 7, 2005]
Subject: NOTICE OF TREATY VIOLATIONS
To: <secretary@sos.state.tx.us>
From: "evans" <evans38@xxxxnet>
Date: Fri, 07 Oct 2005 11:18:01 -0500
TO:
GOVERNOR Rick Parry by notice to the office of the Secretary of State of Texas pursuant to T.R.C.P. 2
The Executive Department, the Legislative Department and the judicial department are all operating in violation of International Treaties as well as the laws of Texas and its Constitution. The county court of record in and for the county of Dallas is closed. Closure of said court violates my human rights by denying me due process by law. The de-facto this State THE STATE OF TEXAS it is ILLEGITIMATE BUT IN EFFECT A DE FACTO GOVERNMENT run by BAR CARD ATTORNEY who are using their bar cards to rob and steal. The bar card attorneys before the bar and on the bench have rob me of my liberty, my land my funds in "cash" and protected those that have damaged my property.
I want the county Court of record for and in the county of Dallas open immediately so I can sue the bar card criminals and those that are corruptly using STATE OF TEXAS COURTS TO protect them.
The Court being close denies me a law remedy and due process. It denies basic human rights.
Ralph-kenneth: Evans domicile and land owner within the county of Dallas, Texas
Attach you will fine copies from Black's 8TH Edition defining terms and a copy of the humans right treaty.
AMERICAN CONVENTION ON HUMAN RIGHTS
(Signed at the Inter-American Specialized Conference on Human Rights, San Jos, Costa Rica, 22 November 1969)
Preamble
The American states signatory to the present Convention,
Reaffirming their intention to consolidate in this hemisphere, within the framework of democratic institutions, a system of personal liberty and social justice based on respect for the essential rights of man;
Recognizing that the essential rights of man are not derived from one's being a national of a certain state, but are based upon attributes of the human personality, and that they therefore justify international protection in the form of a convention reinforcing or complementing the protection provided by the domestic law of the American states;
Considering that these principles have been set forth in the Charter of the Organization of American States, in the American Declaration of the Rights and Duties of Man, and in the Universal Declaration of Human Rights, and that they have been reaffirmed and refined in other international instruments, worldwide as well as regional in scope;
Reiterating that, in accordance with the Universal Declaration of Human Rights, the ideal of free men enjoying freedom from fear and want can be achieved only if conditions are created whereby everyone may enjoy his economic, social, and cultural rights, as well as his civil and political rights; and
Considering that the Third Special Inter-American Conference (Buenos Aires, 1967) approved the incorporation into the Charter of the Organization itself of broader standards with respect to economic, social, and educational rights and resolved that an inter-American convention on human rights should determine the structure, competence, and procedure of the organs responsible for these matters,
Have agreed upon the following:
PART I: STATE OBLIGATIONS AND RIGHTS PROTECTED
CHAPTER I: GENERAL OBLIGATIONS
Article 1. Obligation to Respect Rights
1. The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition.
2. For the purposes of this Convention, "person" means every human being.
Article 2. Domestic Legal Effects
Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention, such legislative or other measures as may be necessary to give effect to those rights or freedoms.
CHAPTER II: CIVIL AND POLITICAL RIGHTS
Article 3. Right to Juridical Personality
Every person has the right to recognition as a person before the law.
Article 4. Right to Life
1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
2. In countries that have not abolished the death penalty, it may be imposed only for the most serious crimes and pursuant to a final judgment rendered by a competent court and in accordance with a law establishing such punishment, enacted prior to the commission of the crime. The application of such punishment shall not be extended to crimes to which it does not presently apply.
3. The death penalty shall not be reestablished in states that have abolished it.
4. In no case shall capital punishment be inflicted for political offenses or related common crimes.
5. Capital punishment shall not be imposed upon persons who, at the time the crime was committed, were under 18 years of age or over 70 years of age; nor shall it be applied to pregnant women.
6. Every person condemned to death shall have the right to apply for amnesty, pardon, or commutation of sentence, which may be granted in all cases. Capital punishment shall not be imposed while such a petition is pending decision by the competent authority.
Article 5. Right to Humane Treatment
1. Every person has the right to have his physical, mental, and moral integrity respected.
2. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. All persons deprived of their liberty shall be treated with respect for the inherent dignity of the human person.
3. Punishment shall not be extended to any person other than the criminal.
4. Accused persons shall, save in exceptional circumstances, be segregated from convicted persons, and shall be subject to separate treatment appropriate to their status as unconvicted persons.
5. Minors while subject to criminal proceedings shall be separated from adults and brought before specialized tribunals, as speedily as possible, so that they may be treated in accordance with their status as minors.
6. Punishments consisting of deprivation of liberty shall have as an essential aim the reform and social readaptation of the prisoners.
Article 6. Freedom from Slavery
1. No one shall be subject to slavery or to involuntary servitude, which are prohibited in all their forms, as are the slave trade and traffic in women.
2. No one shall be required to perform forced or compulsory labor. This provision shall not be interpreted to mean that, in those countries in which the penalty established for certain crimes is deprivation of liberty at forced labor, the carrying out of such a sentence imposed by a competent court is prohibited. Forced labor shall not adversely affect the dignity or the physical or intellectual capacity of the prisoner.
3. For the purposes of this article, the following do not constitute forced or compulsory labor:
1. work or service normally required of a person imprisoned in execution of a sentence or formal decision passed by the competent judicial authority. Such work or service shall be carried out under the supervision and control of public authorities, and any persons performing such work or service shall not be placed at the disposal of any private party, company, or juridical person;
2. military service and, in countries in which conscientious objectors are recognized, national service that the law may provide for in lieu of military service;
3. service exacted in time of danger or calamity that threatens the existence or the well-being of the community; or
4. work or service that forms part of normal civic obligations.
Article 7. Right to Personal Liberty
1. Every person has the right to personal liberty and security.
2. No one shall be deprived of his physical liberty except for the reasons and under the conditions established beforehand by the constitution of the State Party concerned or by a law established pursuant thereto.
3. No one shall be subject to arbitrary arrest or imprisonment.
4. Anyone who is detained shall be informed of the reasons for his detention and shall be promptly notified of the charge or charges against him.
5. Any person detained shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to be released without prejudice to the continuation of the proceedings. His release may be subject to guarantees to assure his appearance for trial.
6. Anyone who is deprived of his liberty shall be entitled to recourse to a competent court, in order that the court may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful. In States Parties whose laws provide that anyone who believes himself to be threatened with deprivation of his liberty is entitled to recourse to a competent court in order that it may decide on the lawfulness of such threat, this remedy may not be restricted or abolished. The interested party or another person in his behalf is entitled to seek these remedies.
7. No one shall be detained for debt. This principle shall not limit the orders of a competent judicial authority issued for nonfulfillment of duties of support.
Article 8. Right to a Fair Trial
1. Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent, independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of a criminal nature made against him or for the determination of his rights and obligations of a civil, labor, fiscal, or any other nature.
2. Every person accused of a criminal offense has the right to be presumed innocent so long as his guilt has not been proven according to law. During the proceedings, every person is entitled, with full equality, to the following minimum guarantees:
1. the right of the accused to be assisted without charge by a translator or interpreter, if he does not understand or does not speak the language of the tribunal or court;
2. prior notification in detail to the accused of the charges against him;
3. adequate time and means for the preparation of his defense;
4. the right of the accused to defend himself personally or to be assisted by legal counsel of his own choosing, and to communicate freely and privately with his counsel;
5. the inalienable right to be assisted by counsel provided by the state, paid or not as the domestic law provides, if the accused does not defend himself personally or engage his own counsel within the time period established by law;
6. the right of the defense to examine witnesses present in the court and to obtain the appearance, as witnesses, of experts or other persons who may throw light on the facts;
7. the right not to be compelled to be a witness against himself or to plead guilty; and
8. the right to appeal the judgment to a higher court.
3. A confession of guilt by the accused shall be valid only if it is made without coercion of any kind.
4. An accused person acquitted by a nonappealable judgment shall not be subjected to a new trial for the same cause.
5. Criminal proceedings shall be public, except insofar as may be necessary to protect the interests of justice.
Article 9. Freedom from Ex Post Facto Laws
No one shall be convicted of any act or omission that did not constitute a criminal offense, under the applicable law, at the time it was committed. A heavier penalty shall not be imposed than the one that was applicable at the time the criminal offense was committed. If subsequent to the commission of the offense the law provides for the imposition of a lighter punishment, the guilty person shall benefit therefrom.
Article 10. Right to Compensation
Every person has the right to be compensated in accordance with the law in the event he has been sentenced by a final judgment through a miscarriage of justice.
Article 11. Right to Privacy
1. Everyone has the right to have his honor respected and his dignity recognized.
2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or his correspondence, or of unlawful attacks on his honor or reputation.
3. Everyone has the right to the protection of the law against such interference or attacks.
Article 12. Freedom of Conscience and Religion
1. Everyone has the right to freedom of conscience and of religion. This right includes freedom to maintain or to change one's religion or beliefs, and freedom to profess or disseminate one's religion or beliefs, either individually or together with others, in public or in private.
2. No one shall be subject to restrictions that might impair his freedom to maintain or to change his religion or beliefs.
3. Freedom to manifest one's religion and beliefs may be subject only to the limitations prescribed by law that are necessary to protect public safety, order, health, or morals, or the rights or freedoms of others.
4. Parents or guardians, as the case may be, have the right to provide for the religious and moral education of their children or wards that is in accord with their own convictions.
Article 13. Freedom of Thought and Expression
1. Everyone has the right to freedom of thought and expression. This right includes freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, in print, in the form of art, or through any other medium of one's choice.
2. The exercise of the right provided for in the foregoing paragraph shall not be subject to prior censorship but shall be subject to subsequent imposition of liability, which shall be expressly established by law to the extent necessary to ensure:
1. respect for the rights or reputations of others; or
2. the protection of national security, public order, or public health or morals.
3. The right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies, or equipment used in the dissemination of information, or by any other means tending to impede the communication and circulation of ideas and opinions.
4. Notwithstanding the provisions of paragraph 2 above, public entertainments may be subject by law to prior censorship for the sole purpose of regulating access to them for the moral protection of childhood and adolescence.
5. Any propaganda for war and any advocacy of national, racial, or religious hatred that constitute incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, color, religion, language, or national origin shall be considered as offenses punishable by law.
Article 14. Right of Reply
1. Anyone injured by inaccurate or offensive statements or ideas disseminated to the public in general by a legally regulated medium of communication has the right to reply or to make a correction using the same communications outlet, under such conditions as the law may establish.
2. The correction or reply shall not in any case remit other legal liabilities that may have been incurred.
3. For the effective protection of honor and reputation, every publisher, and every newspaper, motion picture, radio, and television company, shall have a person responsible who is not protected by immunities or special privileges.
Article 15. Right of Assembly
The right of peaceful assembly, without arms, is recognized. No restrictions may be placed on the exercise of this right other than those imposed in conformity with the law and necessary in a democratic society in the interest of national security, public safety or public order, or to protect public health or morals or the rights or freedom of others.
Article 16. Freedom of Association
1. Everyone has the right to associate freely for ideological, religious, political, economic, labor, social, cultural, sports, or other purposes.
2. The exercise of this right shall be subject only to such restrictions established by law as may be necessary in a democratic society, in the interest of national security, public safety or public order, or to protect public health or morals or the rights and freedoms of others.
3. The provisions of this article do not bar the imposition of legal restrictions, including even deprivation of the exercise of the right of association, on members of the armed forces and the police.
Article 17. Rights of the Family
1. The family is the natural and fundamental group unit of society and is entitled to protection by society and the state.
2. The right of men and women of marriageable age to marry and to raise a family shall be recognized, if they meet the conditions required by domestic laws, insofar as such conditions do not affect the principle of nondiscrimination established in this Convention.
3. No marriage shall be entered into without the free and full consent of the intending spouses.
4. The States Parties shall take appropriate steps to ensure the equality of rights and the adequate balancing of responsibilities of the spouses as to marriage, during marriage, and in the event of its dissolution. In case of dissolution, provision shall be made for the necessary protection of any children solely on the basis of their own best interests.
5. The law shall recognize equal rights for children born out of wedlock and those born in wedlock.
Article 18. Right to a Name
Every person has the right to a given name and to the surnames of his parents or that of one of them. The law shall regulate the manner in which this right shall be ensured for all, by the use of assumed names if necessary.
Article 19. Rights of the Child
Every minor child has the right to the measures of protection required by his condition as a minor on the part of his family, society, and the state.
Article 20. Right to Nationality
1. Every person has the right to a nationality.
2. Every person has the right to the nationality of the state in whose territory he was born if he does not have the right to any other nationality.
3. No one shall be arbitrarily deprived of his nationality or of the right to change it.
Article 21. Right to Property
1. Everyone has the right to the use and enjoyment of his property. The law may subordinate such use and enjoyment to the interest of society.
2. No one shall be deprived of his property except upon payment of just compensation, for reasons of public utility or social interest, and in the cases and according to the forms established by law.
3. Usury and any other form of exploitation of man by man shall be prohibited by law.
Article 22. Freedom of Movement and Residence
1. Every person lawfully in the territory of a State Party has the right to move about in it, and to reside in it subject to the provisions of the law.
2. Every person has the right lo leave any country freely, including his own.
3. The exercise of the foregoing rights may be restricted only pursuant to a law to the extent necessary in a democratic society to prevent crime or to protect national security, public safety, public order, public morals, public health, or the rights or freedoms of others.
4. The exercise of the rights recognized in paragraph 1 may also be restricted by law in designated zones for reasons of public interest.
5. No one can be expelled from the territory of the state of which he is a national or be deprived of the right to enter it.
6. An alien lawfully in the territory of a State Party to this Convention may be expelled from it only pursuant to a decision reached in accordance with law.
7. Every person has the right to seek and be granted asylum in a foreign territory, in accordance with the legislation of the state and international conventions, in the event he is being pursued for political offenses or related common crimes.
8. In no case may an alien be deported or returned to a country, regardless of whether or not it is his country of origin, if in that country his right to life or personal freedom is in danger of being violated because of his race, nationality, religion, social status, or political opinions.
9. The collective expulsion of aliens is prohibited.
Article 23. Right to Participate in Government
1. Every citizen shall enjoy the following rights and opportunities:
1. to take part in the conduct of public affairs, directly or through freely chosen representatives;
2. to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and
3. to have access, under general conditions of equality, to the public service of his country.
2. The law may regulate the exercise of the rights and opportunities referred to in the preceding paragraph only on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings.
Article 24. Right to Equal Protection
All persons are equal before the law. Consequently, they are entitled, without discrimination, to equal protection of the law.
Article 25. Right to Judicial Protection
1. Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of the state concerned or by this Convention, even though such violation may have been committed by persons acting in the course of their official duties.
2. The States Parties undertake:
1. to ensure that any person claiming such remedy shall have his rights determined by the competent authority provided for by the legal system of the state;
2. to develop the possibilities of judicial remedy; and
3. to ensure that the competent authorities shall enforce such remedies when granted.
CHAPTER III
ECONOMIC, SOCIAL, AND CULTURAL RIGHTS
Article 26. Progressive Development
The States Parties undertake to adopt measures, both internally and through international cooperation, especially those of an economic and technical nature, with a view to achieving progressively, by legislation or other appropriate means, the full realization of the rights implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires.
CHAPTER IV
SUSPENSION OF GUARANTEES, INTERPRETATION, AND APPLICATION
Article 27. Suspension of Guarantees
1. In time of war, public danger, or other emergency that threatens the independence or security of a State Party, it may take measures derogating from its obligations under the present Convention to the extent and for the period of time strictly required by the exigencies of the situation, provided that such measures are not inconsistent with its other obligations under international law and do not involve discrimination on the ground of race, color, sex, language, religion, or social origin.
2. The foregoing provision does not authorize any suspension of the following articles: Article 3 (Right to Juridical Personality), Article 4 (Right to Life), Article 5 (Right to Humane Treatment), Article 6 (Freedom from Slavery), Article 9 (Freedom from Ex Post Facto Laws), Article 12 (Freedom of Conscience and Religion), Article 17 (Rights of the Family), Article 18 (Right to a Name), Article 19 (Rights of the Child), Article 20 (Right to Nationality), and Article 23 (Right to Participate in Government), or of the judicial guarantees essential for the protection of such rights.
3. Any State Party availing itself of the right of suspension shall immediately inform the other States Parties, through the Secretary General of the Organization of American States, of the provisions the application of which it has suspended, the reasons that gave rise to the suspension, and the date set for the termination of such suspension.
Article 28. Federal Clause
1. Where a State Party is constituted as a federal state, the national government of such State Party shall implement all the provisions of the Convention over whose subject matter it exercises legislative and judicial jurisdiction.
2. With respect to the provisions over whose subject matter the constituent units of the federal state have jurisdiction, the national government shall immediately take suitable measures, in accordance with its constitution and its laws, to the end that the competent authorities of the constituent units may adopt appropriate provisions for the fulfillment of this Convention.
3. Whenever two or more States Parties agree to form a federation or other type of association, they shall take care that the resulting federal or other compact contains the provisions necessary for continuing and rendering effective the standards of this Convention in the new state that is organized.
Article 29. Restrictions Regarding Interpretation
No provision of this Convention shall be interpreted as:
1. permitting any State Party, group, or person to suppress the enjoyment or exercise of the rights and freedoms recognized in this Convention or to restrict them to a greater extent than is provided for herein;
2. restricting the enjoyment or exercise of any right or freedom recognized by virtue of the laws of any State Party or by virtue of another convention to which one of the said states is a party;
3. precluding other rights or guarantees that are inherent in the human personality or derived from representative democracy as a form of government; or
4. excluding or limiting the effect that the American Declaration of the Rights and Duties of Man and other international acts of the same nature may have.
Article 30. Scope of Restrictions
The restrictions that, pursuant to this Convention, may be placed on the enjoyment or exercise of the rights or freedoms recognized herein may not be applied except in accordance with laws enacted for reasons of general interest and in accordance with the purpose for which such restrictions have been established.
Article 31. Recognition of Other Rights
Other rights and freedoms recognized in accordance with the procedures established in Articles 76 and 77 may be included in the system of protection of this Convention.
CHAPTER V
PERSONAL RESPONSIBILITIES
Article 32. Relationship between Duties and Rights
1. Every person has responsibilities to his family, his community, and mankind.
2. The rights of each person are limited by the rights of others, by the security of all, and by the just demands of the general welfare, in a democratic society.
PART II
MEANS OF PROTECTION
CHAPTER VI
COMPETENT ORGANS
Article 33
The following organs shall have competence with respect to matters relating to the fulfillment of the commitments made by the States Parties to this Convention:
1. the Inter-American Commission on Human Rights, referred to as "The Commission;" and
2. the Inter-American Court of Human Rights, referred to as "The Court."
CHAPTER VII
INTER-AMERICAN COMMISSION ON HUMAN RIGHTS
Section 1. Organization
Article 34
The Inter-American Commission on Human Rights shall be composed of seven members, who shall be persons of high moral character and recognized competence in the field of human rights.
Article 35
The Commission shall represent all the member countries of the Organization of American States.
Article 36
1. The members of the Commission shall be elected in a personal capacity by the General Assembly of the Organization from a list of candidates proposed by the governments of the member states.
2. Each of those governments may propose up to three candidates, who may be nationals of the states proposing them or of any other member state of the Organization of American States. When a slate of three is proposed, at least one of the candidates shall be a national of a state other than the one proposing the slate.
Article 37
1. The members of the Commission shall be elected for a term of four years and may be reelected only once, but the terms of three of the members chosen in the first election shall expire at the end of two years. Immediately following that election the General Assembly shall determine the names of those three members by lot.
2. No two nationals of the same state may be members of the Commission.
Article 38
Vacancies that may occur on the Commission for reasons other than the normal expiration of a term shall be filled by the Permanent Council of the Organization in accordance with the provisions of the Statute of the Commission.
Article 39
The Commission shall prepare its Statute, which it shall submit to the General Assembly for approval. It shall establish its own Regulations.
Article 40
Secretariat services for the Commission shall be furnished by the appropriate specialized unit of the General Secretariat of the Organization. This unit shall be provided with the resources required to accomplish the tasks assigned to it by the Commission.
Section 2. Functions
Article 41
The main function of the Commission shall be to promote respect for and defense of human rights. In the exercise of its mandate, it shall have the following functions and powers:
1. to develop an awareness of human rights among the peoples of America;
2. to make recommendations to the governments of the member states, when it considers such action advisable, for the adoption of progressive measures in favor of human rights within the framework of their domestic law and constitutional provisions as well as appropriate measures to further the observance of those rights;
3. to prepare such studies or reports as it considers advisable in the performance of its duties;
4. to request the governments of the member states to supply it with information on the measures adopted by them in matters of human rights;
5. to respond, through the General Secretariat of the Organization of American States, to inquiries made by the member states on matters related to human rights and, within the limits of its possibilities, to provide those states with the advisory services they request;
6. to take action on petitions and other communications pursuant to its authority under the provisions of Articles 44 through 51 of this Convention; and
7. to submit an annual report to the General Assembly of the Organization of American States.
Article 42
The States Parties shall transmit to the Commission a copy of each of the reports and studies that they submit annually to the Executive Committees of the Inter-American Economic and Social Council and the Inter-American Council for Education, Science, and Culture, in their respective fields, so that the Commission may watch over the promotion of the rights implicit in the economic, social, educational, scientific, and cultural standards set forth in the Charter of the Organization of American States as amended by the Protocol of Buenos Aires.
Article 43
The States Parties undertake to provide the Commission with such information as it may request of them as to the manner in which their domestic law ensures the effective application of any provisions of this Convention.
Section 3. Competence
Article 44
Any person or group of persons, or any nongovernmental entity legally recognized in one or more member states of the Organization, may lodge petitions with the Commission containing denunciations or complaints of violation of this Convention by a State Party.
Article 45
1. Any State Party may, when it deposits its instrument of ratification of or adherence to this Convention, or at any later time, declare that it recognizes the competence of the Commission to receive and examine communications in which a State Party alleges that another State Party has committed a violation of a human right set forth in this Convention.
2. Communications presented by virtue of this article may be admitted and examined only if they are presented by a State Party that has made a declaration recognizing the aforementioned competence of the Commission. The Commission shall not admit any communication against a State Party that has not made such a declaration.
3. A declaration concerning recognition of competence may be made to be valid for an indefinite time, for a specified period, or for a specific case.
4. Declarations shall be deposited with the General Secretariat of the Organization of American States, which shall transmit copies thereof to the member states of that Organization.
Article 46
1. Admission by the Commission of a petition or communication lodged in accordance with Articles 44 or 45 shall be subject to the following requirements:
1. that the remedies under domestic law have been pursued and exhausted in accordance with generally recognized principles of international law;
2. that the petition or communication is lodged within a period of six months from the date on which the party alleging violation of his rights was notified of the final judgment;
3. that the subject of the petition or communication is not pending in another international proceeding for settlement; and
4. that, in the case of Article 44, the petition contains the name, nationality, profession, domicile, and signature of the person or persons or of the legal representative of the entity lodging the petition.
2. The provisions of paragraphs 1.a and 1.b of this article shall not be applicable when:
1. the domestic legislation of the state concerned does not afford due process of law for the protection of the right or rights that have allegedly been violated;
2. the party alleging violation of his rights has been denied access to the remedies under domestic law or has been prevented from exhausting them; or
3. there has been unwarranted delay in rendering a final judgment under the aforementioned remedies.
Article 47
The Commission shall consider inadmissible any petition or communication submitted under Articles 44 or 45 if:
1. any of the requirements indicated in Article 46 has not been met;
2. the petition or communication does not state facts that tend to establish a violation of the rights guaranteed by this Convention;
3. the statements of the petitioner or of the state indicate that the petition or communication is manifestly groundless or obviously out of order; or
4. the petition or communication is substantially the same as one previously studied by the Commission or by another international organization.
Section 4. Procedure
Article 48
1. When the Commission receives a petition or communication alleging violation of any of the rights protected by this Convention, it shall proceed as follows:
1. If it considers the petition or communication admissible, it shall request information from the government of the state indicated as being responsible for the alleged violations and shall furnish that government a transcript of the pertinent portions of the petition or communication. This information shall be submitted within a reasonable period to be determined by the Commission in accordance with the circumstances of each case.
2. After the information has been received, or after the period established has elapsed and the information has not been received, the Commission shall ascertain whether the grounds for the petition or communication still exist. If they do not, the Commission shall order the record to be closed.
3. The Commission may also declare the petition or communication inadmissible or out of order on the basis of information or evidence subsequently received.
4. If the record has not been closed, the Commission shall, with the knowledge of the parties, examine the matter set forth in the petition or communication in order to verify the facts. If necessary and advisable, the Commission shall carry out an investigation, for the effective conduct of which it shall request, and the states concerned shall furnish to it, all necessary facilities.
5. The Commission may request the states concerned to furnish any pertinent information and, if so requested, shall hear oral statements or receive written statements from the parties concerned.
6. The Commission shall place itself at the disposal of the parties concerned with a view to reaching a friendly settlement of the matter on the basis of respect for the human rights recognized in this Convention.
2. However, in serious and urgent cases, only the presentation of a petition or communication that fulfills all the formal requirements of admissibility shall be necessary in order for the Commission to conduct an investigation with the prior consent of the state in whose territory a violation has allegedly been committed.
Article 49
If a friendly settlement has been reached in accordance with paragraph 1.f of Article 48, the Commission shall draw up a report, which shall be transmitted to the petitioner and to the States Parties to this Convention, and shall then be communicated to the Secretary General of the Organization of American States for publication. This report shall contain a brief statement of the facts and of the solution reached. If any party in the case so requests, the fullest possible information shall be provided to it.
Article 50
1. If a settlement is not reached, the Commission shall, within the time limit established by its Statute, draw up a report setting forth the facts and stating its conclusions. If the report, in whole or in part, does not represent the unanimous agreement of the members of the Commission, any member may attach to it a separate opinion. The written and oral statements made by the parties in accordance with paragraph 1.e of Article 48 shall also be attached to the report.
2. The report shall be transmitted to the states concerned, which shall not be at liberty to publish it.
3. In transmitting the report, the Commission may make such proposals and recommendations as it sees fit.
Article 51
1. If, within a period of three months from the date of the transmittal of the report of the Commission to the states concerned, the matter has not either been settled or submitted by the Commission or by the state concerned to the Court and its jurisdiction accepted, the Commission may, by the vote of an absolute majority of its members, set forth its opinion and conclusions concerning the question submitted for its consideration.
2. Where appropriate, the Commission shall make pertinent recommendations and shall prescribe a period within which the state is to take the measures that are incumbent upon it to remedy the situation examined.
3. When the prescribed period has expired, the Commission shall decide by the vote of an absolute majority of its members whether the state has taken adequate measures and whether to publish its report.
CHAPTER VIII
INTER-AMERICAN COURT OF HUMAN RIGHTS
Section 1. Organization
Article 52
1. The Court shall consist of seven judges, nationals of the member states of the Organization, elected in an individual capacity from among jurists of the highest moral authority and of recognized competence in the field of human rights, who possess the qualifications required for the exercise of the highest judicial functions in conformity with the law of the state of which they are nationals or of the state that proposes them as candidates.
2. No two judges may be nationals of the same state.
Article 53
1. The judges of the Court shall be elected by secret ballot by an absolute majority vote of the States Parties to the Convention, in the General Assembly of the Organization, from a panel of candidates proposed by those states.
2. Each of the States Parties may propose up to three candidates, nationals of the state that proposes them or of any other member state of the Organization of American States. When a slate of three is proposed, at least one of the candidates shall be a national of a state other than the one proposing the slate.
Article 54
1. The judges of the Court shall be elected for a term of six years and may be reelected only once. The term of three of the judges chosen in the first election shall expire at the end of three years. Immediately after the election, the names of the three judges shall be determined by lot in the General Assembly.
2. A judge elected to replace a judge whose term has not expired shall complete the term of the latter.
3. The judges shall continue in office until the expiration of their term. However, they shall continue to serve with regard to cases that they have begun to hear and that are still pending, for which purposes they shall not be replaced by the newly elected judges.
Article 55
1. If a judge is a national of any of the States Parties to a case submitted to the Court, he shall retain his right to hear that case.
2. If one of the judges called upon to hear a case should be a national of one of the States Parties to the case, any other State Party in the case may appoint a person of its choice to serve on the Court as an ad hoc judge.
3. If among the judges called upon to hear a case none is a national of any of the States Parties to the case, each of the latter may appoint an ad hoc judge.
4. An ad hoc judge shall possess the qualifications indicated in Article 52.
5. If several States Parties to the Convention should have the same interest in a case, they shall be considered as a single party for purposes of the above provisions. In case of doubt, the Court shall decide.
Article 56
Five judges shall constitute a quorum for the transaction of business by the Court.
Article 57
The Commission shall appear in all cases before the Court.
Article 58
1. The Court shall have its seat at the place determined by the States Parties to the Convention in the General Assembly of the Organization; however, it may convene in the territory of any member state of the Organization of American States when a majority of the Court considers it desirable, and with the prior consent of the state concerned. The seat of the Court may be changed by the States Parties to the Convention in the General Assembly by a two-thirds vote.
2. The Court shall appoint its own Secretary.
3. The Secretary shall have his office at the place where the Court has its seat and shall attend the meetings that the Court may hold away from its seat.
Article 59
The Court shall establish its Secretariat, which shall function under the direction of the Secretary of the Court, in accordance with the administrative standards of the General Secretariat of the Organization in all respects not incompatible with the independence of the Court. The staff of the Court's Secretariat shall be appointed by the Secretary General of the Organization, in consultation with the Secretary of the Court.
Article 60
The Court shall draw up its Statute which it shall submit to the General Assembly for approval. It shall adopt its own Rules of Procedure.
Section 2. Jurisdiction and Functions
Article 61
1. Only the States Parties and the Commission shall have the right to submit a case to the Court.
2. In order for the Court to hear a case, it is necessary that the procedures set forth in Articles 48 and 50 shall have been completed.
Article 62
1. A State Party may, upon depositing its instrument of ratification or adherence to this Convention, or at any subsequent time, declare that it recognizes as binding, ipso facto, and not requiring special agreement, the jurisdiction of the Court on all matters relating to the interpretation or application of this Convention.
2. Such declaration may be made unconditionally, on the condition of reciprocity, for a specified period, or for specific cases. It shall be presented to the Secretary General of the Organization, who shall transmit copies thereof to the other member states of the Organization and to the Secretary of the Court.
3. The jurisdiction of the Court shall comprise all cases concerning the interpretation and application of the provisions of this Convention that are submitted to it, provided that the States Parties to the case recognize or have recognized such jurisdiction, whether by special declaration pursuant to the preceding paragraphs, or by a special agreement.
Article 63
1. If the Court finds that there has been a violation of a right or freedom protected by this Convention, the Court shall rule that the injured party be ensured the enjoyment of his right or freedom that was violated. It shall also rule, if appropriate, that the consequences of the measure or situation that constituted the breach of such right or freedom be remedied and that fair compensation be paid to the injured party.
2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration. With respect to a case not yet submitted to the Court, it may act at the request of the Commission.
Article 64
1. The member states of the Organization may consult the Court regarding the interpretation of this Convention or of other treaties concerning the protection of human rights in the American states. Within their spheres of competence, the organs listed in Chapter X of the Charter of the Organization of American States, as amended by the Protocol of Buenos Aires, may in like manner consult the Court.
2. The Court, at the request of a member state of the Organization, may provide that state with opinions regarding the compatibility of any of its domestic laws with the aforesaid international instruments.
Article 65
To each regular session of the General Assembly of the Organization of American States the Court shall submit, for the Assembly's consideration, a report on its work during the previous year. It shall specify, in particular, the cases in which a state has not complied with its judgments, making any pertinent recommendations.
Section 3. Procedure
Article 66
1. Reasons shall be given for the judgment of the Court.
2. If the judgment does not represent in whole or in part the unanimous opinion of the judges, any judge shall be entitled to have his dissenting or separate opinion attached to the judgment.
Article 67
The judgment of the Court shall be final and not subject to appeal. In case of disagreement as to the meaning or scope of the judgment, the Court shall interpret it at the request of any of the parties, provided the request is made within ninety days from the date of notification of the judgment.
Article 68
1. The States Parties to the Convention undertake to comply with the judgment of the Court in any case to which they are parties.
2. That part of a judgment that stipulates compensatory damages may be executed in the country concerned in accordance with domestic procedure governing the execution of judgments against the state.
Article 69
The parties to the case shall be notified of the judgment of the Court and it shall be transmitted to the States Parties to the Convention.
CHAPTER IX
COMMON PROVISIONS
Article 70
1. The judges of the Court and the members of the Commission shall enjoy, from the moment of their election and throughout their term of office, the immunities extended to diplomatic agents in accordance with international law. During the exercise of their official function they shall, in addition, enjoy the diplomatic privileges necessary for the performance of their duties.
2. At no time shall the judges of the Court or the members of the Commission be held liable for any decisions or opinions issued in the exercise of their functions.
Article 71
The position of judge of the Court or member of the Commission is incompatible with any other activity that might affect the independence or impartiality of such judge or member, as determined in the respective statutes.
Article 72
The judges of the Court and the members of the Commission shall receive emoluments and travel allowances in the form and under the conditions set forth in their statutes, with due regard for the importance and independence of their office. Such emoluments and travel allowances shall be determined in the budget of the Organization of American States, which shall also include the expenses of the Court and its Secretariat. To this end, the Court shall draw up its own budget and submit it for approval to the General Assembly through the General Secretariat. The latter may not introduce any changes in it.
Article 73
The General Assembly may, only at the request of the Commission or the Court, as the case may be, determine sanctions to be applied against members of the Commission or judges of the Court when there are justifiable grounds for such action as set forth in the respective statutes. A vote of a two-thirds majority of the member states of the Organization shall be required for a decision in the case of members of the Commission and, in the case of judges of the Court, a two-thirds majority vote of the States Parties to the Convention shall also be required.
PART III
GENERAL AND TRANSITORY PROVISIONS
CHAPTER X
SIGNATURE, RATIFICATION, RESERVATIONS,
AMENDMENTS, PROTOCOLS, AND DENUNCIATION
Article 74
1. This Convention shall be open for signature and ratification by or adherence of any member state of the Organization of American States.
2. Ratification of or adherence to this Convention shall be made by the deposit of an instrument of ratification or adherence with the General Secretariat of the Organization of American States. As soon as eleven states have deposited their instruments of ratification or adherence, the Convention shall enter into force. With respect to any state that ratifies or adheres thereafter, the Convention shall enter into force on the date of the deposit of its instrument of ratification or adherence. Ratification of or adherence to this Convention shall be made by the deposit of an instrument of ratification or adherence with the General Secretariat of the Organization of American States. As soon as eleven states have deposited their instruments of ratification or adherence, the Convention shall enter into force. With respect to any state that ratifies or adheres thereafter, the Convention shall enter into force on the date of the deposit of its instrument of ratification or adherence.
3. The Secretary General shall inform all member states of the Organization of the entry into force of the Convention.
Article 75
This Convention shall be subject to reservations only in conformity with the provisions of the Vienna Convention on the Law of Treaties signed on May 23, 1969.
Article 76
1. Proposals to amend this Convention may be submitted to the General Assembly for the action it deems appropriate by any State Party directly, and by the Commission or the Court through the Secretary General.
2. Amendments shall enter into force for the States ratifying them on the date when two-thirds of the States Parties to this Convention have deposited their respective instruments of ratification. With respect to the other States Parties, the amendments shall enter into force on the dates on which they deposit their respective instruments of ratification.
Article 77
1. In accordance with Article 31, any State Party and the Commission may submit proposed protocols to this Convention for consideration by the States Parties at the General Assembly with a view to gradually including other rights and freedoms within its system of protection.
2. Each protocol shall determine the manner of its entry into force and shall be applied only among the States Parties to it.
Article 78
1. The States Parties may denounce this Convention at the expiration of a five-year period from the date of its entry into force and by means of notice given one year in advance. Notice of the denunciation shall be addressed to the Secretary General of the Organization, who shall inform the other States Parties.
2. Such a denunciation shall not have the effect of releasing the State Party concerned from the obligations contained in this Convention with respect to any act that may constitute a violation of those obligations and that has been taken by that state prior to the effective date of denunciation.
CHAPTER XI
TRANSITORY PROVISIONS
Section 1. Inter-American Commission on Human Rights
Article 79
Upon the entry into force of this Convention, the Secretary General shall, in writing, request each member state of the Organization to present, within ninety days, its candidates for membership on the Inter-American Commission on Human Rights. The Secretary General shall prepare a list in alphabetical order of the candidates presented, and transmit it to the member states of the Organization at least thirty days prior to the next session of the General Assembly.
Article 80
The members of the Commission shall be elected by secret ballot of the General Assembly from the list of candidates referred to in Article 79. The candidates who obtain the largest number of votes and an absolute majority of the votes of the representatives of the member states shall be declared elected. Should it become necessary to have several ballots in order to elect all the members of the Commission, the candidates who receive the smallest number of votes shall be eliminated successively, in the manner determined by the General Assembly.
Section 2. Inter-American Court of Human Rights
Article 81
Upon the entry into force of this Convention, the Secretary General shall, in writing, request each State Party to present, within ninety days, its candidates for membership on the Inter-American Court of Human Rights. The Secretary General shall prepare a list in alphabetical order of the candidates presented and transmit it to the States Parties at least thirty days prior to the next session of the General Assembly.
Article 82
The judges of the Court shall be elected from the list of candidates referred to in Article 81, by secret ballot of the States Parties to the Convention in the General Assembly. The candidates who obtain the largest number of votes and an absolute majority of the votes of the representatives of the States Parties shall be declared elected. Should it become necessary to have several ballots in order to elect all the judges of the Court, the candidates who receive the smallest number of votes shall be eliminated successively, in the manner determined by the States Parties.
Attachments:
Page 448 Blacks Eighth
De facto (di fak-toh also see dee or day), adj. [Law Latin "in point of fact"] 1. Actual: existing in fact; having effect even though not formally or legally recognized <a de facto contract> 2. Illegitimate but in effect <a de facto government> Cf. DEJURE.
Page 1442 Blacks Eighth
standing, n. A party's right to make a legal claim or seek judicial enforcement of a duty or right o To have standing in federal court, a plaintiff must show (1) that the challenged conduct has caused the plaintiff actual injury, and (2) that the interest sought to be protected is within the zone if interest meant to be regulated by the statutory or constitutional guarantee in question. --------- Also termed standing to sue. Cf. JUSTICIABILITY [Cases: Action key 13; Federal Civil Procedure key 103.1.C.J.S. Actions Sections 57-63.]
Page 1443 Blacks Eighth
federal state. A composite state in which the sovereignty of the entire state is divided between the central or federal government and the local governments of the several constituent states: a union of states in which the control of the external relations of all the member states has been surrendered to a central government so that the only state that exist for international purposes is the one formed by the union. Cf. confederation of states under CONFEDERATION.
Page 1444 Blacks Eighth
part-sovereign state. See SOVEREIGN STATE
police state. A state in which the political, economic and social life of its citizens is subject to representative governmental control and arbitrary uses of power by the ruling elite, which uses the police as the instrument of control; a totalitarian state.
sovereign state. See SOVEREIGN STATE
unitary state. A state that is not made up of territorial divisions that are states themselves. --- Also termed (archaically) simple state.
2. All institution of self-government within a larger political entity; esp., one of the constituent parts of a nation having a federal government <the 50 states >. [Cases: States (key) 1. C.J.S. States Section 2. 16] 3. (often cap) the people of a state, collectively considered as the party wronged by a criminal deed; esp. the prosecution as the representative of the people <the state rest its case>
state law. A body of law in a particular state consisting of the states constitution, statutes, regulations, and common law. Cf. FEDERAL LAW
[Abstract of Debt Posted October 12, 2005]
ABSTRACT OF DEBT
by
Declaration in the nature of an affidavit
state of Texas
signed, and sealed
county of Dallas
NON-NEGOTIABLE DECLARATION of ABSTRACT OF DEBT in the nature of an AFFIDAVIT
Pursuant to and under original jurisdiction by law the law of the land of Texas.
I, me, Ralph-Kenneth: Evans, domicile upon the land of the county of Dallas within the land of Texas, do herein declare that this is a true and correct abstract of the debt rendered on certified mail number 7099 3220 0004 3971 5083 by declaration delivered to debtors 9-20-05 of amount owed. The amount owed of the sum certain 5,000,000.00 dollars in silver specie coin of the united States of America plus penalty of 10 percent as of 9-20-05 for non-payment by debtors stands uncontested
Certified charge number 7099 3220 0004 3971 5083
Debtor’s Names
Debbie Perez and THE STATE OF TEXAS, JUSTICE COURT PRECINCT TWO, ROCKWALL COUNTY and Larry Holloway whom I believe is the High Priest for the unregistered, unincorporated religious association known as STATE OF TEXAS and ROCKWALL COUNTY. (herein after debtors)
Amount of Credits: none known.
There being no fact in dispute the amount now due on said judgment:
The sum certain of 5,000,000.00 dollars in silver specie coin of the united States of America plus penalty for non-payment by debtors stands uncontested as stated above. With penalty from as stated above at the rate of as stated above until paid in full.
Debtors addresses is shown in the original bill; The uncontested declaration of non-payment of debt in the nature of an affidavit as allowed by law was received by debtors on 9-20-05 by certified mail return receipt as signed by Camille Bevon as receiver allowing ten days for settlement of debt. The debtors failed to pay or response and failed to deny the debt was owed to creditor.
Holder in due course of said abstract of debt is Ralph-Kenneth, creditor.
By me, _________________________________holder in due course of debt.
VERIFICATION
state of Texas
signed and sealed
county of Dallas
This Verified Abstract of Debt of above named debtors and it’s content was acknowledged, before me, a Notary public in and for The State of Texas by Ralph-Kenneth of the family of Evans of his own free will this ___ day of October, 2005..
__________________________________ Seal:
Notary Public
[Behind the Scenes with Ken - Posted October 20, 2005]
To: secretary@sos.state.tx.us
From: Evans
Thu, 20 Oct 2005 12:09:07
NOTICE OF Human right treaty violations
To: The governor by notice to the secretary of State of Texas and Not THE STATE OF TEXAS a religious association.
whereas I have exhausted all my domestic remedies within Texas I now give you both notice I MUST CHARGE you WITH human rights violation for your refusal to uphold the Texas constitution and laws make pursuant to it.
and whereas the law at Art. 1 of the Texas Constitution also known as the Texas Bill of Rights does mandate at Sec. 13 All courts shall be open, and all person or reputation, shall have remedy by due course of law.
and whereas Sec. 15 does mandate, The Legislature shall pass such laws as may be needed to regulate the same, and to maintain its purity and efficiency.
and whereas 16 does mandate there is to be no Bills of Attainder or laws impairing the obligation of contracts. does mandate
and whereas Article 5 Sec. 15. does mandate There shall be established in each county in this State a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a County Judge, who shall be well informed in the law of the State; shall be a conservator of the peace, and shall hold his office for four years, and until his successor shall be elected and qualified. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law. (Amended Nov. 2, 1954.)
and whereas Sec 17 does mandate The County Court shall hold terms as provided by law. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, (YOUR AFFIDAVIT) as may be provided by law. Grand juries empaneled in the District Courts shall inquire into misdemeanors, (NOTE ONLY FINE NO JAIL TIME) and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, (NOTE AGAIN FINE ONLY NO JAIL TIME IN THE INFERIOR court) having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. A jury in the County Court shall consist of six men; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless he makes affidavit that he is unable to pay the same. (Amended Nov. 5, 1985.)
Governor you have failed to uphold the law the legislators have failed to remove you from office for failure to up hold the law. The county of Dallas Commissioners and the county judge has failed to uphold the law and the right to due process by law and have aided a gang of criminals that has taken my Liberty my property and have damaged me and my property. The county of Dallas Commissioners and the county judge has closed the county court of recorded and you have aided them by refusing to uphold the law and your oath of office.
ralph-kenneth family of Evans 10-20-05
Comments below from a signed Affidavit of Truth and Material Facts:
On Tuesday the August 16th, 2005 Ralph Kenneth Evans and one Lewis Mohr (lawful elected county judge) demanded the seal and the keys to the Article 5 section 15 court.
The DALLAS COUNTY COMMISSIONER'S COURT gave no response, no keys, and no seal to the people of Texas for the Article 5 section 15 court which is never to be closed.
I observed the DALLAS COUNTY COMMISSIONERS COURT with willful intent fail to observe the law already set as a precedent by the constitution of Texas by failing to respond to a petition before them.
It is with the utmost concern to me that if the DALLAS COUNTY COMMISSIONER'S do not observe the law then we have no law in the county of Dallas.
[Definitions - Posted October 22, 2005]
attainder, n.
1. At common law, the act of extinguishing a person’s civil rights when that person is sentenced to death or declared an outlaw for committing a felony or treason.
2. Hist. A grand jury proceeding to try whether a jury has given a false verdict.
3. The conviction of a jury so tried. See BILL OF ATTAINDER. attaint (a-taynt), vb.
"The word attainder is derived from the Latin term attinctus, signifying stained or polluted, and includes, in its meaning, all those disabilities which flow from a capital sentence. On the attainder, the defendant is disqualified to be a witness in any court; he can bring no action, nor perform any of the legal functions which before he was admitted to discharge; he is, in short, regarded as dead in law. 1. Joseph Chitty, A Practical Treatise on the Criminal Law 725 (2d ed, 1826).
attainder - Black’s Eighth - Page 137 - Actual copy below
Picture Omitted
bar, n.
1. In a courtroom. the railing that separates the front area, where court business is conducted, from the back area, which provides seats For observers; by extension, a similar railing in a legislative assembly < spectator stood behind the bar>.
2. The whole body of lawyers qualified to practice in a given court or jurisdiction; the legal profession, or an organized subset of it <the attorney's outrageous miscoduuct disgraced the bar>. See BAR ASSOCIATION. [Cases: Attorney and Client Key =>31. C.J.S. Attorney' and Client Section 8-9.]
bar - Black’s Eighth - Page 157 - Actual copy below
Picture Omitted
bar, n.
3. A particular court or system of courts <case at bar>. Originally, case at bar referred to an important case tried "at bar" at the Royal Courts of Justice in London.
4. BAR EXAMINATION <Pendarvis passed the bar>.
5. A barrier to or the destruction of a legal action or claim; the effect of a judgment for the defendant <a bar to any new lawsuit >. Cf. MERGER (6).
6. A plea arresting a lawsuit or legal claim <the defendant filed a bar>. See PLEA IN BAR. [Cases: Pleading Key=108, 109. C.J.S. Pleading Section 180.]
bar - Black’s Eighth - Page 158 - Actual copy below
Picture Omitted
Templar. A barrister who has chambers in the Temple of the Inns of Court.
The Middle and Inner Temples so named because they are housed in buildings on land that once belonged to the Knights of Templars.
Templar - Black’s Eighth - Page 1504 - Actual copy below
Picture Omitted
[E-mail to Senator Deuell - Posted October 23, 2005]
To: Bob Deuell <Bob.Deuell@senate.state.tx.us>
Cc: secretary@sos.state.tx.us
Senator Deuell
I need to know if the legislators have suspended the laws in Texas and that is why the county Court is closed?
'Sec. 28. No power of suspending laws in this state shall be exercised except by the legislature.'
LOOK AT THE CASES CITING THIS CASE
http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=case&court=us&vol=287&page=378
U.S. Supreme Court
STERLING v. CONSTANTIN, 287 U.S. 378 (1932)
287 U.S. 378
STERLING, Governor of Texas, et al.
v.
CONSTANTIN et al.
Nos. 11, 453.
Argued Nov. 15-16, 1932.
Decided Dec. 12, 1932.
[Behind the scenes with Ken - Posted October 24, 2005
To: secretary@sos.state.tx.us
Subject: Attainder
Sun, 23 Oct 2005 15:34:51
Grand Jury violates Texas law. There is no such thing known by law in Texas as a grand jury. A Grand Jury can only issue a bill of Attainder. If it is issue in the State it violates the due process clause of Texas Constitution and the Federal Constitution and they are doing it in ever county in Texas; and it is a violation of US Code title 18 241 and 242, The Hobbs act and the Human rights treaty whereas;
Section 241. Conspiracy against rights
United States Code U.S. Code as of: 01/06/03
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;
or
If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured
They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.
United States Code U.S. Code as of: 01/06/03
TITLE 18 - CRIMES AND CRIMINAL PROCEDURE
PART I - CRIMES
CHAPTER 13 - CIVIL RIGHTS
Section 242. Deprivation of rights under color of law
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.
Section 1951. Interference with commerce by threats or violence
(a) Whoever in any way or degree obstructs, delays, or affects commerce or the movement of any article or commodity in commerce, by robbery or extortion or attempts or conspires so to do, or commits or threatens physical violence to any person or property in furtherance of a plan or purpose to do anything in violation of this section shall be fined under this title or imprisoned not more than twenty years, or both.
(b) As used in this section -
(1) The term ''robbery'' means the unlawful taking or obtaining of personal property from the person or in the presence of another, against his will, by means of actual or threatened force, or violence, or fear of injury, immediate or future, to his person or property, or property in his custody or possession, or the person or property of a relative or member of his family or of anyone in his company at the time of the taking or obtaining.
(2) The term ''extortion'' means the obtaining of property from another, with his consent, induced by wrongful use of actual or threatened force, violence, or fear, or under color of official right.
(3) The term ''commerce'' means commerce within the District of Columbia, or any Territory or Possession of the United States; all commerce between any point in a State, Territory, Possession, or the District of Columbia and any point outside thereof; all commerce between points within the same State through any place outside such State; and all other commerce over which the United States has jurisdiction.
(c) This section shall not be construed to repeal, modify or affect section 17 of Title 15, sections 52, 101-115, 151-166 of Title 29 or sections 151-188 of Title 45.
The bar association is behind all these crimes and the Governor and the Legislators are so dumbed down they are going along with the crimes.
Do you understand why this Sec. was written into the Texas Constitution
Sec. 16. BILLS OF ATTAINDER; EX POST FACTO OR RETROACTIVE LAWS; IMPAIRING OBLIGATION OF CONTRACTS. No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made.
attainder , n.
1. At common law, the act of extinguishing a person's civil rights when that person is sentenced to death or declared an outlaw for committing a felony or treason.
2. Hist. A grand jury proceeding to try whether a jury has given a false verdict.
3. The conviction of a jury so tried. See BILL OF ATTAINDER. attaint (a-taynt), vb.
"The word attainder is derived from the Latin term attinctus, signifying stained or polluted, and includes, in its meaning, all those disabilities which flow from a capital sentence. On the attainder, the defendant is disqualified to be a witness in any court; he can bring no action, nor perform any of the legal functions which before he was admitted to discharge; he is, in short, regarded as dead in law.” 1. Joseph Chitty, A Practical Treatise on the Criminal Law 725 (2d ed, 1826).
[Behind the scenes with Ken - Posted November 8, 2005
Ken had to sign he would not sue for Double Jeopardy before they would release him.
Now we are having trouble getting a transcript of that transaction!
From: evans
To: secretary@sos.state.tx.us
Sent: Tuesday, November 08, 2005 8:56 AM
Subject: Kidnapping
To: The governor by notice to the secretary of State of Texas and Not THE STATE OF TEXAS a religious association.
On or about 9 A.M. the 1st of November 2005 in the county of Dallas in Texas an act of war was done against the people of Texas and the united States of America and their Flags by a troop of foreign solders commanded by a SGT. Valentine acting under a foreign flag of Admiralty Mercantile laws of England, Scotland and Ireland. These Military solders did place me the bearer of the flags in irons and did capture both flags and have not been seen since by me. They carried me off the a debtors prison in a place they claimed was DALLAS COUNTY which I believe to be a religious association run by Esquires of the middle temple of the city of London held me for tree days and made me sign an agreement that I would not sue them before they would turn me loose.
Ralph family of Evans
From: evans
To: secretary@sos.state.tx.us
Sent: Friday, November 04, 2005 3:07 PM
Subject: Fair Notice concerning the county Court of Record county of Dallas
Notice to the Governor of Texas Rick Perry by notice to the Secretary of State of Texas. A man cannot be lawfully jailed by the Commissioners Court using the Sheriff's Department which they control for asking them to uphold their oath to set the time and term of the court as required by law and compel the county judge to hold the court open as mandated by law.
I need to hear from someone in this matter!
1. Funds have been taken from me.
2. Land and improvement has been taken from me.
3. Many days of liberty has been taken from me the latest taken November 1, 2005 respectively noticed
Ralph family of Evans
The court held that, under the Constitution of Texas, courts may not be closed or their processes interfered with by military orders, that courts cannot be ousted by the agencies detailed to aid them, and that their functions cannot be transferred to tribunals unknown to the Constitution.
[Behind the Scenes with Ken - Posted November 10, 2005]
To: secretary@sos.state.tx.us
From: evans
Sent: Wednesday, November 09, 2005 9:38 PM
Subject: THE STATE OF TEXAS HAS NO HONOR
THE STATE OF TEXAS HAS NO HONOR and are criminals if we ever get law back they will have to serve a life sentence
Sec 11 of Article I of the Texas Bill of Rights has been amended to further diminish the right of bail in a criminal case by the addition of subsection (b) by the election of Nov. 8. In view of Sec. 29, how can this be? Sec 11 has previously been amended and diminished by the addition of subsection (a). Are these amendments void? Or is Sec 29 inoperable and void? Where is the grant of power to change something that cannot be changed? How can US citizen legislators propose amendments? How can registered US citizen-voters amend the Constitution?
See text below:
Section 29 - PROVISIONS OF BILL OF RIGHTS EXCEPTED FROM POWERS OF GOVERNMENT; TO FOREVER REMAIN INVIOLATE
To guard against transgressions of the high powers herein delegated, we declare that everything in this "Bill of Rights" is excepted out of the general powers of government, and shall forever remain inviolate, and all laws contrary thereto, or to the following provisions, shall be void.
Article 1 - BILL OF RIGHTS
Section 11 - BAIL
All prisoners shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident; but this provision shall not be so construed as to prevent bail after indictment found upon examination of the evidence, in such manner as may be prescribed by law.
Section 11a - MULTIPLE CONVICTIONS; DENIAL OF BAIL
(a) Any person (1) accused of a felony less than capital in this State, who has been theretofore twice convicted of a felony, the second conviction being subsequent to the first, both in point of time of commission of the offense and conviction therefor, (2) accused of a felony less than capital in this State, committed while on bail for a prior felony for which he has been indicted, (3) accused of a felony less than capital in this State involving the use of a deadly weapon after being convicted of a prior felony, or (4) accused of a violent or sexual offense committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, after a hearing, and upon evidence substantially showing the guilt of the accused of the offense in (1) or (3) above, of the offense committed while on bail in (2) above, or of the offense in (4) above committed while under the supervision of a criminal justice agency of the State or a political subdivision of the State for a prior felony, may be denied bail pending trial, by a district judge in this State, if said order denying bail pending trial is issued within seven calendar days subsequent to the time of incarceration of the accused; provided, however, that if the accused is not accorded a trial upon the accusation under (1) or (3) above, the accusation and indictment used under (2) above, or the accusation or indictment used under (4) above within sixty (60) days from the time of his incarceration upon the accusation, the order denying bail shall be automatically set aside, unless a continuance is obtained upon the motion or request of the accused; provided, further, that the right of appeal to the Court of Criminal Appeals of this State is expressly accorded the accused for a review of any judgment or order made hereunder, and said appeal shall be given preference by the Court of Criminal Appeals.
(b) In this section:
(1) "Violent offense" means:
(A) murder;
(B) aggravated assault, if the accused used or exhibited a deadly weapon during the commission of the assault;
(C) aggravated kidnapping; or
(D) aggravated robbery.
(2) "Sexual offense" means:
(A) aggravated sexual assault;
(B) sexual assault; or
(C) indecency with a child. (Added Nov. 6, 1956; amended Nov. 8, 1977; Subsec. (a) amended and (b) added Nov. 2, 1993.)
SENATE JOINT RESOLUTION
proposing a constitutional amendment authorizing the denial of bail to a criminal defendant who violates a condition of the defendant's release pending trial.
BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Article I, Texas Constitution, is amended by adding Section 11b to read as follows:
Sec. 11b. VIOLATION OF CONDITION OF RELEASE PENDING TRIAL;
DENIAL OF BAIL. Any person accused of a felony in this state who is released on bail pending trial and whose bail is subsequently revoked or forfeited for a violation of a condition of release may be denied bail pending trial on a determination by a district judge in this state, at a subsequent hearing to set or reinstate bail, that the person violated a condition of release related to the safety of a victim of the alleged offense or to the safety of the community.
SECTION 2. This proposed constitutional amendment shall be submitted to the voters at an election to be held on November 8, 2005. The ballot shall be printed to provide for voting for or against the proposition: "The constitutional amendment authorizing the denial of bail to a criminal defendant who violates a condition of the defendant's release pending trial."
[Behind the Scenes with Ken - Posted November 20, 2005]
To:
SOS <secretary@sos.state.tx.us>,
"Bob Deuell" <Bob.Deuell@senate.state.tx.us>
Subject: The Governor is refusing to enforce the law for Texans
THE STATE OF TEXAS and its agents is guilty of Murder and theft in violation of Texas law and treaty made pursuant to International law
American Convention on Human Rights
Article 4. Right to Life
1. Every person has the right to have his life respected. This right shall be protected by law and, in general, from the moment of conception. No one shall be arbitrarily deprived of his life.
[Behind the Scenes with Ken - Posted November 20, 2005]
To: tax.help@cpa.state.tx.us
From: "evans"
Subject: Request for tax status
Please supply me the Tax status for an entity doing business in the State of Texas known as THE STATE OF TEXAS.
Is THE STATE OF TEXAS as a 501 c3,c5,c6 or some other exempt Status or is THE STATE OF TEXAS doing business as a foreign principal?
Ralph family of Evans
From: <tax.help@cpa.state.tx.us>
To: evans
Sent: Friday, November 18, 2005 10:28 AM
Subject: tax.help request
Thank you for your tax-help e-mail. We are experiencing a significant increase in the volume of tax-help requests. You will receive a response to your inquiry as soon as possible. Your patience is appreciated.
[Behind the Scenes with Ken - Posted November 20, 2005]
http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.001.00.000001.00.htm
PENAL CODE
TITLE 1. INTRODUCTORY PROVISIONS
CHAPTER 1. GENERAL PROVISIONS
§ 1.01. SHORT TITLE. This code shall be known and may be cited as the Penal Code.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 1.02. OBJECTIVES OF CODE. The general purposes of this code are to establish a system of prohibitions, penalties, and correctional measures to deal with conduct that unjustifiably and inexcusably causes or threatens harm to those individual or public interests for which state protection is appropriate. To this end, the provisions of this code are intended, and shall be construed, to achieve the following objectives:
(1) to insure the public safety through:
(A) the deterrent influence of the penalties hereinafter provided;
(B) the rehabilitation of those convicted of violations of this code; and
(C) such punishment as may be necessary to prevent likely recurrence of criminal behavior;
(2) by definition and grading of offenses to give fair warning of what is prohibited and of the consequences of violation;
(3) to prescribe penalties that are proportionate to the seriousness of offenses and that permit recognition of differences in rehabilitation possibilities among individual offenders;
(4) to safeguard conduct that is without guilt from condemnation as criminal;
(5) to guide and limit the exercise of official discretion in law enforcement to prevent arbitrary or oppressive treatment of persons suspected, accused, or convicted of offenses;
(D) and
(6) to define the scope of state interest in law enforcement against specific offenses and to systematize the exercise of state criminal jurisdiction.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 1.03. EFFECT OF CODE.
(a) Conduct does not constitute an offense unless it is defined as an offense by statute, municipal ordinance, order of a county commissioners court, or rule authorized by and lawfully adopted under a statute.
(b) The provisions of Titles 1, 2, and 3 apply to offenses defined by other laws, unless the statute defining the offense provides otherwise; however, the punishment affixed to an offense defined outside this code shall be applicable unless the punishment is classified in accordance with this code.
(c) This code does not bar, suspend, or otherwise affect a right or liability to damages, penalty, forfeiture, or other remedy authorized by law to be recovered or enforced in a civil suit for conduct this code defines as an offense, and the civil injury is not merged in the offense.
Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.
§ 1.04. TERRITORIAL JURISDICTION.
(a) This state has jurisdiction over an offense that a person commits by his own conduct or the conduct of another for which he is criminally responsible if:
(1) either the conduct or a result that is an element of the offense occurs inside this state;
(2) the conduct outside this state constitutes an attempt to commit an offense inside this state;
(3) the conduct outside this state constitutes a conspiracy to commit an offense inside
