Académique Documents
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“Courts are bound by the statute not by individual opinions of its interpretation.”
Maia VS Selunly Lumber &Construction Co., 160 C.A. 2d 16, 21; In Re Lvine , 2 Cal.
2d 324, 327.
“While failure to observe custom may be evidence of negligence, The standard of due
care is not fixed by custom or altered by its presence or absence.”
Pauly -vs- King, 42 Cal. 2d 649, 655
'' WE HOLD THESE TRUTHS TO BE SELF EVIDENT, THAT ALL MEN ARE
CREATED EQUAL. THAT THEY ARE ENDOWED BY THEIR CREATOR
WITH CERTAIN UNALIENABLE RIGHTS, THAT AMONG THESE ARE LIFE,
LIBERTY, AND THE PURSUIT OF HAPPINESS''“THAT TO SECURE THESE
RIGHTS GOVERNMENTS ARE INSTITUTED AMONG MEN, DERIVING
THEIR JUST POWERS FROM THE CONSENT OF THE GOVERNED.”
FROM ONE OF THE ORIGINAL FOUNDERS OF, AND, THE SECOND PRESIDENT OF
THE UNITED STATES OF AMERICA, John Adams:
FROM : THE UNITED STATES SUPREME COURT DECISION IN THE CASE OF:
CHISOLM EXECUTOR, VS GEORGIA, 2 DALL 419 (1793);
" The only reason, I believe, why a free man is bound by human laws, is,
that he binds himself."
(Put in quotes from Chisholm regarding the Sovereignty is in the
People)
U.S. SUPREME COURT IN Yick Wo v. Hopkins, 118 U.S. 356 (1886) Stated:
"Sovereignty itself is, of course, not subject to law, for it is the author and source
of law; but in our system, while sovereign powers are delegated to the agencies of
government, sovereignty itself remains with the people, by whom and for whom
all government exists and acts. And the law is the definition and limitation of
power."
“When we consider the nature and the theory of our institutions of government,
the principles upon which they are supposed to rest, and review the history of
their development, we are constrained to conclude that they do not mean to leave
room for the play and action of purely personal and arbitrary power.
Sovereignty itself is, of course, not subject to law, for it is the author
and source of law; but in our system, while sovereign powers are
delegated to the agencies of government, sovereignty itself remains with
the people, by whom and for whom all government exists and acts. And
the law is the definition and limitation of power. It is, indeed, quite true
that there must always be lodged somewhere, and in some person or body, the
authority of final decision; and in many cases of mere administration, the
responsibility is purely political, no appeal lying except to the ultimate tribunal of
the public judgment, exercised either in the pressure of opinion, or by means of
the suffrage. But the fundamental rights to life, liberty, and the pursuit of
happiness, considered as individual possessions, are secured by those maxims of
constitutional law which are the monuments showing the victorious progress of
the race in securing to men the blessings of civilization under the reign of just
and equal laws, so that, in the famous language of the Massachusetts bill of
rights, the government of the commonwealth 'may be a government of laws
and not of men.' For the very idea that one man may be compelled to
hold his life, or the means of living, or any material right essential to
the enjoyment of life, at the mere will of another, seems to be
intolerable in any country where freedom prevails, as being the essence
of slavery itself.”
"It is error alone which needs the support of Government. Truth can
stand by itself." FOUNDER Thomas Jefferson
Cruzan v. Director, Missouri Dept. of Health (1990) 497 U.S. 261, 343
[111 L.Ed.2d 224, 282, 110 S.Ct. 2841] (dis. opn. of Stevens, J.)("[T]
he constitutional protection for the human body is surely inseparable
from concern for the mind and spirit that dwell therein."); id., at
pages 279, 287-289 (conc. opn. of O'Connor, J.), 304-306 (dis. opn. of
Brennan, J.) [111 L.Ed.2d at pages 242, 247-248, 258-260];
Schmerber v. California (1966) 384 U.S. 757, 767 [16 L.Ed.2d 908,
917, 86 S.Ct. 1826]
Mr. Justice Brandeis, whose views have inspired much of the 'right to
be let alone' philosophy, said in Olmstead v. United States.... 'The
makers of our Constitution ... sought to protect Americans in their
beliefs, their thoughts, their emotions and their sensations. They
conferred, as against the Government, the right to be let alone-the
most comprehensive of rights and the right most valued by civilized
man.'
More than a century ago, the United States Supreme Court declared,
"No right is held more sacred, or is more carefully guarded, by the
common law, than the right of every individual to possession and
control of his own person, free from all restraint or interference of
others, unless by clear and unquestionable authority of law. ... 'The
right to one's person may be said to be a right of complete immunity:
to be let alone.' [Citation.]"
More than a century ago, the United States Supreme Court declared,
141 U.S. 250, 251 [35 L.Ed. 734, 737, 11 S.Ct. 1000].) Speaking for the
years and sound mind has a right to determine what shall be done with
his own body ...." (Schloendorff v. Society of New York Hospital (1914)
211 N.Y. 125 [105 N.E. 92, 93], overruled on other grounds in Bing v.
Thunig (1957) 2 N.Y.2d 656 [163 N.Y.S.2d 3, 143 N.E.2d 3].) And over
two decades ago, Justice Mosk reiterated the same principle for this
court: "[A] person of adult years and in sound mind has the right, in the
229, 242 [104 Cal.Rptr. 505, 502 P.2d 1].) [5 Cal.4th 732] [4] The
485, 491 [96 P.2d 142]; Schloendorff v. Society of New York Hospital,
supra, 211 N.Y. 125 [105 N.E. at p. 93]; see Union Pacific Railway Co. v.
Botsford, supra, 141 U.S. at p. 252 [35 L.Ed.2d at pp. 737-738]; Mohr v.
Williams (1905) 95 Minn. 261 [104 N.W. 12, 14- 15], overruled on other
859]; Prosser on Torts (4th ed. 1971) § 18, pp. 104-106; Rest.2d Torts, §
this doctrine, 'the patient must have the capacity to reason and make
coercion, and the patient must have a clear understanding of the risks
along with a full understanding of the nature of the disease and the
[741 P.2d at p. 683].) While the physician has the professional and
p. 951; In the Matter of Conroy (1985) 98 N.J. 321 [486 A.2d 1209, 1222,
398 Mass. 417 [497 N.E.2d at p. 633]; In the Matter of Conroy, supra, 98
N.J. 321 [486 A.2d at p. 1222].) "The purpose underlying the doctrine of
meaningless." (McKay v. Bergstedt (1990) 106 Nev. 808 [801 P.2d 617,
621]; see Cal. Code Regs., tit. 22, § 70707, subd. (6) [under
'' WE HOLD THESE TRUTHS TO BE SELF EVIDENT, THAT ALL MEN ARE
CREATED EQUAL. THAT THEY ARE ENDOWED BY THEIR CREATOR
WITH CERTAIN UNALIENABLE RIGHTS, THAT AMONG THESE ARE LIFE,
LIBERTY, AND THE PURSUIT OF HAPPINESS''
“THAT TO SECURE THESE RIGHTS GOVERNMENTS ARE INSTITUTED
AMONG MEN, DERIVING THEIR JUST POWERS FROM THE CONSENT OF
THE GOVERNED.”
THE SECOND point to be examined is, whether the convention were authorized to frame and
propose this mixed Constitution. The powers of the convention ought, in strictness, to be
determined by an inspection of the commissions given to the members by their respective
constituents. As all of these, however, had reference, either to the recommendation from the
meeting at Annapolis, in September, 1786, or to that from Congress, in February, 1787, it will be
sufficient to recur to these particular acts. The act from Annapolis recommends the "appointment
of commissioners to take into consideration the situation of the United States; to devise SUCH
FURTHER PROVISIONS as shall appear to them necessary to render the Constitution of the federal
government ADEQUATE TO THE EXIGENCIES OF THE UNION; and to report such an act for that
purpose, to the United States in Congress assembled, as when agreed to by them, and afterwards
confirmed by the legislature of every State, will effectually provide for the same."
"The recommendatory act of Congress is in the words following: "WHEREAS,
There is provision in the articles of Confederation and perpetual Union, for making
alterations therein, by the assent of a Congress of the United States, and of the
legislatures of the several States; and whereas experience hath evinced, that there
are defects in the present Confederation; as a mean to remedy which, several of
the States, and PARTICULARLY THE STATE OF NEW YORK, by express
instructions to their delegates in Congress, have suggested a convention for the
purposes expressed in the following resolution; and such convention appearing to
be the most probable mean of establishing in these States A FIRM NATIONAL
GOVERNMENT:
"Resolved, That in the opinion of Congress it is expedient, that on the second
Monday of May next a convention of delegates, who shall have been appointed by
the several States, be held at Philadelphia, for the sole and express purpose OF
REVISING THE ARTICLES OF CONFEDERATION, and reporting to Congress and
the several legislatures such ALTERATIONS AND PROVISIONS THEREIN, as shall,
when agreed to in Congress, and confirmed by the States, render the federal
Constitution ADEQUATE TO THE EXIGENCIES OF GOVERNMENT AND THE
PRESERVATION OF THE UNION."
"In one particular it is admitted that the convention have departed from the tenor of
their commission. Instead of reporting a plan requiring the confirmation OF THE
LEGISLATURES OF ALL THE STATES, they have reported a plan which is to be
confirmed by the PEOPLE, and may be carried into effect by NINE STATES ONLY.”
"But that the objectors may be disarmed of every pretext, it shall be granted for a
moment that the convention were neither authorized by their commission, nor
justified by circumstances in proposing a Constitution for their country: does it
follow that the Constitution ought, for that reason alone, to be rejected? "
the other States should be reduced to the same standard. A compact between independent
sovereigns, founded on ordinary acts of legislative authority, can pretend to no
higher validity than a league or treaty between the parties. It is an established
doctrine on the subject of treaties, that all the articles are mutually conditions of
each other; that a breach of any one article is a breach of the whole treaty; and
that a breach, committed by either of the parties, absolves the others, and
authorizes them, if they please, to pronounce the compact violated and void. Should
it unhappily be necessary to appeal to these delicate truths for a justification for dispensing with
the consent of particular States to a dissolution of the federal pact, will not the complaining parties
find it a difficult task to answer the MULTIPLIED and IMPORTANT infractions with which
they may be confronted? The time has been when it was incumbent on us all to veil the ideas
which this paragraph exhibits. The scene is now changed, and with it the part which the same
motives dictate.
The second question is not less delicate; and the flattering prospect of its being
merely hypothetical forbids an overcurious discussion of it. It is one of those
cases which must be left to provide for itself. In general, it may be observed, that
although no political relation can subsist between the assenting and dissenting
States, yet the moral relations will remain uncancelled. The claims of justice, both
on one side and on the other, will be in force, and must be fulfilled; the rights of
humanity must in all cases be duly and mutually respected; whilst considerations
of a common interest, and, above all, the remembrance of the endearing scenes
which are past, and the anticipation of a speedy triumph over the obstacles to
reunion, will, it is hoped, not urge in vain MODERATION on one side, and
PRUDENCE on the other.
PUBLIUS.
The California Constitution is "the supreme law of the state" to which all statutes
must conform. (Carter v. Seaboard Finance Co. (1949)33 Cal. 2d 564, 579
Therefore, "[a] statute inconsistent with the California Constitution is, of course,
void."
Hotel Employees & Restaurant Employees Internat. Union v. Davis (1999)21 Cal.
4Th 585, 602; see also People v. Navarro (1972)7 Cal. 3d 248, 260 [40 Cal.4th
964] ["Wherever statutes conflict with constitutional provisions, the latter must
prevail."].) More particularly, a statute that broadly and directly impinges on the
right of privacy guaranteed by the state Constitution is void unless supported by a
compelling governmental interest that cannot be achieved by less restrictive
means. (American Academy of Pediatrics v. Lungren (1997) 16 Cal. 4Th 307,
348(lead opn. of George, C. J.).)
Because a statute is subordinate to, and must be in conformity with, the state
Constitution, a statutory privilege cannot of its own force defeat a right of action
that is required or guaranteed by the state Constitution. In determining the scope
of the constitutional privacy right, however, and whether that right exists in a
particular situation, a court may consider traditional statutory privileges. I agree
with the majority that the privacy right guaranteed by the state Constitution does
not extend to situations covered by the litigation privilege.
B. The Tort of Abuse of Process.
[5] The common law tort of abuse of process arises when one uses the court's
process for a purpose other than that for which the process was designed. (5
Witkin, Summary of Cal. Law (9th ed. 1988) Torts, § 459, [37 Cal.4th 1057] p.
547; see also Kappel v. Bartlett (1988) 200 Cal.App.3d 1457, 1463.) It has been
"interpreted broadly to encompass the entire range of 'procedures' incident to
litigation." (Barquis v. Merchants Collection Assn. (1972) 7 Cal.3d 94, 104, fn. 4
(Barquis).)
"[T]he essence of the tort [is] . . . misuse of the power of the court; it is an act
done in the name of the court and under its authority for the purpose of
perpetrating an injustice." (Meadows v. Bakersfield S. & L. Assn. (1967)250
Cal.App.2d 749, 753.) To succeed in an action for abuse of process, a litigant
must establish that the defendant (1) contemplated an ulterior motive in using
the process, and (2) committed a willful act in the use of the process not proper
in the regular conduct of the proceedings. (Oren Royal Oaks Venture v.
Greenberg, Bernhard, Weiss & Karma, Inc. (1986) 42 Cal.3d 1157, 1168 (Oren
Royal Oaks Venture).)
FROM:
Its power and authority have no other source. It can only act in
accordance with all the limitations imposed by the Constitution. " "
"This Constitution, and the Laws of the United States which shall
be made in Pursuance thereof; and all Treaties made, or which
shall be made, under the Authority of the United States, shall be
the supreme Law of the Land; . . . . "
"There is nothing in this language which intimates that treaties and
laws enacted pursuant to them do not have to comply with the
provisions of the Constitution. Nor is there anything in the debates
which accompanied the drafting and ratification of the Constitution
which even suggests such a result. These debates as well as the
history that surrounds the adoption of the treaty provision in Article VI
make it clear that the reason treaties were not limited to those made in
"pursuance" of the Constitution was so that agreements made by the
United States under the Articles of Confederation, including the
important peace treaties which concluded the Revolutionary [354 U.S. 1,
17] War, would remain in effect. 31 It would be manifestly contrary to
the objectives of those who created the Constitution, as well as those
who were responsible for the Bill of Rights - let alone alien to our entire
constitutional history and tradition - to construe Article VI as permitting
the United States to exercise power under an international agreement
without observing constitutional prohibitions. 32 In effect, such
construction would permit amendment of that document in a manner
not sanctioned by Article V. The prohibitions of the Constitution were
designed to apply to all branches of the National Government and they
cannot be nullified by the Executive or by the Executive and the Senate
combined. "
"There is nothing new or unique about what we say here. This Court
has regularly and uniformly recognized the supremacy of the
Constitution
over a treaty. 33 For example, in Geofroy v. Riggs, 133 U.S. 258,
267(1798) it declared:
"The treaty power, as expressed in the Constitution, is in terms
unlimited except by those restraints which are found in that instrument
against the action of the government or of its departments, and those
arising from the nature of the government itself and of that of the
States. It would not be contended that it extends so far as to authorize
what the Constitution forbids, or a change in the character of the [354
U.S. 1, 18] government or in that of one of the States, or a cession of any
portion of the territory of the latter, without its consent."
"This Court has also repeatedly taken the position that an Act of
Congress, which must comply with the Constitution, is on a full parity
with a treaty, and that when a statute which is subsequent in time is
inconsistent with a treaty, the statute to the extent of conflict renders
the treaty null. 34 It would be completely anomalous to say that a treaty
need not comply with the Constitution when such an agreement can be
overridden by a statute that must conform to that instrument.
TAX LAW
(add quotes from Patten vs Brady definition of Excise Tax & quotes from
federal cases saying you can arrange your personal affairs as to lawfully avoid
taxes ; add regulations re California taxes based on Federal income tax law; US
vs Butler quotes, quotes from Congressional Record of 1933 the new currency
A loan from the Creditor Class to the debtor class
(a) Stocks and obligations of the United States Government are exempt from taxation by a State
or political subdivision of a State. The exemption applies to each form of taxation that would
require the obligation, the interest on the obligation, or both, to be considered in computing a
inheritance tax.
(b) The tax status of interest on obligations and dividends, earnings, or other income from
evidences of ownership issued by the Government or an agency and the tax treatment of gain
and loss from the disposition of those obligations and evidences of ownership is decided under
the Internal Revenue Code of 1986 (26 U.S.C. 1 et seq.). An obligation that the Federal
Housing Administration had agreed, under a contract made before March 1, 1941, to issue at a
future date, has the tax exemption privileges provided by the authorizing law at the time of the
contract. This subsection does not apply to obligations and evidences of ownership issued by the
District of Columbia, a territory or possession of the United States, or a department, agency,
instrumentality, or political subdivision of the District, territory, or possession.
“Section 22(a) is cast in broad, sweeping terms. It 'indicates the purpose of Congress to use
the full measure of its taxing power within those definable categories.' Helvering v. Clifford,
supra, 309 U.S. 334 , 60 S.Ct. 556. The very essence of taxable income, as that concept is
used in Section 22(a), is the accrual of some gain, profit or benefit to the taxpayer.
This requirement of gain, of course, must be read in its statutory context. Not every
benefit received by a taxpayer from his labor or investment necessarily renders him
taxable. Nor is mere dominion over money or property decisive in all cases. In fact,
no single conclusive criterion has yet been found to determine in all situations what
is a sufficient gain to support the imposition of an income tax. No more can be said
in general than that all relevant facts and circumstances must be considered. See
Magill, Taxable Income (1945). [327 U.S. 404, 408] For present purposes, however,
it is enough to note that a taxable gain is conditioned upon (1) the presence of a
claim of right to the alleged gain and (2) the absence of a definite, unconditional
obligation to repay or return that which would otherwise constitute a gain. Without
some bona fide legal or equitable claim, even though it be contingent or contested in
nature, the taxpayer cannot be said to have received any gain or profit within the
reach of Section 22(a). See North American Oil v. Burnet, 286 U.S. 417, 424 , 52
S.Ct. 613, 615. Nor can taxable income accrue from the mere receipt of property or
money which one is obliged to return or repay to the rightful owner, as in the case of
a loan or credit. Taxable income may arise, to be sure, from the use or in connection
with the use of such property. Thus if the taxpayer uses the property himself so as to
secure a gain or profit therefrom, he may be taxable to that extent. And if the
unconditional indebtedness is cancelled or retired taxable income may adhere, under
certain circumstances, to the taxpayer. But apart from such factors the bare receipt
of property or money wholly belonging to another lacks the essential characteristics
of a gain or profit within the meaning of Section 22(a).”
CR-1-93-1
Case Law
United States of America v. Lloyd Long
The defense admitted that Mr. Long did in fact have income in excess of $49,000 for each of
the years in question and that he did not file a return. He then proceeded to prove to the jury
beyond a reasonable doubt that he was not "liable" for an income tax, nor was he "required
by law" to file.
Defense testimony presented a case titled Brushaber v. Union Pacific Railroad, 240 U.S. 1,
wherein it was the unanimous decision of the U.S. Supreme Court that the Sixteenth
Amendment did not give Congress any new power to tax any new subjects. It merely tried to
simplify the way in which the tax was imposed. It also showed that the income tax was in fact
an excise tax on corporate privileges and privileged occupations. The defense then brought
out a case entitled Flint v. Stone Tracy, 220 U.S. 107, wherein an excise tax was defined as a
tax being laid upon the manufacture, sale and consumption of commodities within the
country upon licenses to pursue certain occupations and upon corporate privileges.
Mr. Long's attorneys also brought out a case entitled Simms v. Arehns, cite omitted, wherein
the court ruled that the income tax was neither a property tax nor a tax upon occupations of
common right, but was an excise tax. The defense then brought out a case entitled Redfield v.
Fisher, cite omitted, wherein the court ruled that the individual, unlike the corporation,
cannot be taxed for the mere privilege of existing but that the individual's right to live and
own property was a natural right upon which an excise tax cannot be imposed. Defense also
pointed to a couple of studies done by the Congressional Research Service that shows the
income tax is an excise tax. Next, defense pointed out that in the Tennessee Supreme Court
Case Jack Cole v. Commissioner, cite omitted, the court ruled that citizens are entitled by
right to income or earnings and that could not be taxed as a privilege. And, in another
Tennessee Supreme Court Case, Corn v. Fort, cite omitted, the court ruled that individuals
have a right to combine their activities as partnerships and that this is a natural right,
independent and antecedent of government. The prosecution did not challenge or attempt to
refute any of the cases cited or the conclusions of the courts. Defense brought out in
testimony the fact that nowhere in the Internal Revenue Code was anyone actually made
liable for the income tax. They showed that in the IRS' own privacy act notice only three
sections were cited and that none of these sections made anyone liable for the tax. They also
proved that this was not an oversight by showing that the alcohol tax was worded so clearly
that no one could misinterpret who was made liable for the alcohol tax. [Editorial note: Why
do you think the Infernal Revenue Code is over 9,000 pages? How many decent, desperate
Americans can (1) afford to buy Title 26 - both volumes? And (2) Once they open up this
labrinyth of deceptive mish-mash, they give up, take a gun to their head and pull the trigger.
Yes, this has happened too many times. Keep passing more and more and more laws so no
one can find the one sentence which makes us liable and in this case, it doesn't exist!]
Prosecution did not challenge or attempt to refute this point, nor were they able to show a
statute that made anyone liable for the income tax. Defense then presented the mission
statement of the IRS stating that the income tax relied upon "voluntary compliance" and a
statement from the head of alcohol and tobacco tax division of the IRS which in essence
showed that the income tax is 100% voluntary, as opposed to the alcohol tax which is 100%
enforced. [Editorial note: I have a copy of the February 3, 1953 hearings before A
Subcommittee Of The Committee On Ways and Means, House of Representatives, Eighty-
Third Congress: Administration of the Internal Revenue Laws, Part A, page 13 and I quote
Dwight D. Avis, Head of Alcohol, Tobacco Tax Division:
"Let me point this out now: Your income tax is 100 percent VOLUNTARY tax and your
liquor tax is 100 enforced tax. Now, the situation is as different as day and night.
Consequently, your same rules just will not apply and therefore the alcohol and tobacco tax
has been handled here in this reorganization a little differently because of the very nature of
it, than the rest of the over all tax problem." Try not filing and you will end up just like Mr.
Long because 90% of the judges in this country at the federal level are rotten to the core.
You think they can't read the law? Please. Mr. Long stated that in 1988 he knew that the
income tax was in fact an excise tax and that he was not enjoying any corporate privileges
nor engaged in any privileged occupation, that income or earnings from the exercise of
common right could not be taxed as an excise or otherwise, that nowhere in the IR Code was
he made liable for the tax and that the income tax was voluntary. But, Mr. Long was still so
intimidated by the IRS that he filed and paid his voluntary assessment. He then began a
series of letters to the IRS explaining that he had no licenses or privileges issued to him by
the federal government. He asked for direct answers to simple questions such as "Am I
required to file federal income tax returns?" and "Am I liable for federal income taxes?"
The IRS never gave a direct answer to any of his questions. Instead, they inferred and
insinuated and extrapolated and beat around the bush and generally avoided answering. As
a result, Mr. Long testified that he decided to stop "volunteering." The IRS brought two
"expert" witnesses. Both were actually IRS employees who had received training as
professional witnesses. Upon cross-examination by Mr. Becraft, one witness stated that a
secret code known only to the IRS and encoded on Mr. Long's permanent record [Note: This
is the IMF, Individual Master File], showed that the IRS knew he was not required to mail or
file a return. The witness made every effort to avoid this admission, to the point that she was
beginning to frustrate the jury. The other witness, upon cross-examination by Mr. Becraft,
gave testimony that conflicted with the privacy act notice. The government also attempted to
insinuate "guilt by association" in that they claimed Mr. Long had known and replied upon
persons of questionable character. The argued that the writers of some of the books he read
and people he knew had been convicted of tax-related charges in the past and were, in fact,
criminals. Mr. Long responded that just because a person had been convicted of a crime by a
court, this did not invalidate everything he said. To illustrate, he pointed out that the Apostle
Paul was a murderer but that by the Grace of God, he became the greatest of the Apostles.
He added that he, Mr. Long, did not rely on anything that he did not personally check out
thoroughly. In summation, Mr. Becraft reminded the jury that Galileo was imprisoned for
holding a belief that conflicted with what everyone else knew as a "fact" and that Columbus,
acting on a belief which conflicted with what everyone else knew was a "fact," discovered
something no one else thought existed. The jury agreed with the defense. By finding Mr.
Long "NOT GUILTY" on all counts, they have ventured into hitherto uncharted territory in
their monumental decision. A Chattanooga TV station quoted a government spokesman as
saying that this case will change the way the IRS will handle such cases in the future. They
indicated that they (the government) will be less likely to prosecute if a jury wasn't going to
decide in their favor. Mr. Long's spirit was best expressed when he was asked for a final
statement by a reporter as he was leaving the courtroom. His words, "Glory be to God."
**End of article. This case is CR-1-93-1, United States of America v. Lloyd Long filed in the
U.S. District Court, Eastern District of Tennessee and was decided on October 15, 1993.
Naturally, one heard not a peep from Gunga Din Dan Blather, Tom Brokenjaw or any of the
other "news" mouthpieces for the government.
WORDS OF US SUPREME COURT JUSTICE BRANDEIS FROM HIS
DISENTING OPINION IN THE CASE OF OLMSTEAD v. U.S., 277 U.S. 438
(1928) 277 U.S. 438 OLMSTEAD et al. v. UNITED STATES. No. 493. GREEN
et al. V SAME No. 532. McINNIS v. SAME. No. 533. Argued Feb. 20 and 21,
1928. Decided June 4, 1928.
be subjected to the same rules of conduct that are commands to the citizen. In a
government of laws, existence of the government will be imperiled if it fails to
observe the law scrupulously. Our government is the potent, the omnipresent
teacher. For good or for ill, it teaches the whole people by its example. Crime is
contagious. If the government becomes a lawbreaker, it breeds contempt for law;
it invites every man to become a law unto himself; it invites anarchy. To declare
that in the administration of the criminal law the end justifies the means-to
declare that the government may commit crimes in order to secure the conviction
of a private criminal-would bring terrible retribution. Against that pernicious
doctrine this court should resolutely set its face.”
"The wisdom of the legislation is not at issue in [27 Cal.3d 893] analyzing its
constitutionality, and neither the availability of less drastic remedial alternatives
nor the legislative failure to solve all related ills at once will invalidate a
statute."Hale v. Morgan, supra, 22 Cal.3d 388, 398. It is true, of course, that
when a statutory or legislative scheme utilizes a means to reach its end and which
is unduly harsh or exacts a penalty which may be deemed oppressive in light of
the legitimate objectives sought to be achieved, it may be held to be violative of
constitutional due process guarantees. (Hale v. Morgan, supra; Walsh v. Kirby
(1974) 13 Cal.3d 95, 105-106 [118 Cal.Rptr. 1, 529 P.2d 33]; People v. Western Air
Lines, Inc. (1954) 42 Cal.2d 621, 642 [268 P.2d 723], and cases there cited.) Here,
however, we are not concerned with a remedy in the nature of a penalty or
exaction. Rather we deal with a system whereby a city, in furtherance of its police
power and pursuant to statutory authorization, chooses to make the availability of
all municipal utility services relating to public health protection contingent upon
payment in full of a unified billing therefor. While those residents who do not
choose to take part in the system in accordance with its terms may suffer serious
practical consequences in the form of discontinued services, we cannot conclude
that an unconstitutional deprivation results.”
“Our Legislature has consistently frowned upon the arbitrary termination of
essential utility services. Where improperly undertaken by a private landlord
severe civil sanctions are authorized. (Civ. Code, § 789.3; Kinney v. Vaccari
(1980) 27 Cal.3d 348 [165 Cal.Rptr. 787, 612 P.2d 877].) Specific due process
requirements have been prescribed prior to termination of service by a public
utility. (Pub. Util. Code, §§ 779, 780.) What is improper conduct for a private
landlord and for a public utility would seem to be equally improper for a
municipality. Here the city has acted inconsistently with the implied legislative
intent to prevent unnecessary denial of utility service. Such insensitive conduct
demonstrates that to a bureaucrat with a hammer in his hand everything looks
like a nail.”
CONTRACT LAW