Pirate 4x4 banner

1 - 1 of 1 Posts

·
Registered
Joined
·
2,912 Posts
Discussion Starter #1
I have included the two emails from John Williams describing what this is about, then there is a copy of the proposed ordnance. If you have questions, comments or suggestions please contact John Williams at [email protected]

> ----- Original Message -----
> From: "J W" <[email protected]>
> To: "Rachel Thomas" <[email protected]>
> Sent: Thursday, June 14, 2001 7:04 PM
> Subject: Re: Some information please.
>
> Dear Rachel,
>
> Thanks for the information, the quick reply, and the web-sites. It is appreciated. I do have some information, that I would like to pass on.
Like I said, it is a proposed County Ordinance, written to restrict all Federal and State agency action which in any way could be determined to affect the citizens in a County, unless the Agency can provide a clear Constitutional provision for their proposal (which of course they will not be able to do).
>
> Please send me the information necessary to pass this Ordinance on. We
> would like it to be available to as many as possible.
>
> Thanks, John William>

Dear Rachel,

We are not a group, or an organization, but several men and women meeting together, in an attempt to "make a difference" in North Eastern Washington State (with reference to rights, and the removal of Agencies adversely affecting those rights). We became aware of an Ordinance that our Commissioners here were considering on the sly. Upon further reading of this proposed Ordinance, found that it would be doing the opposite of what it was leading people to believe that it would do. We attempted to correct the ordinance, but found it to be so flawed that we decided to write one which would replace it, and not be flawed. I do not have an electronic copy of the one they were promoting, but have attached the one written by us (we are not novice in legal documents). We will push the one written by us, and, in one form or the other, cause our commissioners here to accept it. It is, and will continue to be updated and revised I am sure. We have already been getting good comments, and input from others. We will consider all positive input, and incorporate as necessary.

I live in Ferry County, Washington State. We are working on this ordinance for proposal to Ferry County, Stevens County, Okanogan County, Spokane County, and Pend Oreille County. We intend to make a difference in all of North Eastern Washington as we are tired of getting shafted by policies, rules, and regulations promoted by unelected agents for their unlawful agencies. We intent to reclaim all of our County land from the management or control of any Federal or State agency, and will replace our Commissioners, and Sheriff if they will not support us, until be find ones who will fully support our efforts.

Sincerely,

John William


COUNTY OF STEVENS, STATE OF WASHINGTON
CITIZEN RIGHTS ORDINANCE NO.1
AN ORDINANCE FOR THE PURPOSE OF RESTRICTING UNITED NATIONS, FEDERAL AND STATE GOVERNMENT ACTION(S) AFFECTING LAND AND NATURAL RESOURCES; RECOVERING AND PROTECTING THE BASIC RIGHT OF LIFE, LIBERTY, AND THE PURSUIT OF HAPPINESS OF THE CITIZENS OF THE COUNTY OF STEVENS; AND -
IN ORDER to maintain harmony with the Constitution for The united States of America, AD 1787-89-91, and the Constitution for the State of Washington, by and through the 1881 Code of the Territory of Washington, both original commercial contracts and covenants between the Sovereign "We the People", and our created Government, whereby and wherein "We the People" did not, have not and do not yield our sovereignty to those agencies that serve them" as is also Statutorily reflected at [R.C.W. 42.17.251]; and
WHEREAS, the powers of Congress are limited under Article I, Section 8 of that Constitution (for The united States of America AD 1787-89-91); limiting legislation to specific areas and purchased properties, to wit: "To exercise exclusive legislation in all cases whatsoever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock yards, and others needful buildings"; and
WHEREAS, the following sections of Article I, of the Constitution for the State of Washington declare as follows:
ARTICLE I
DECLARATION OF RIGHTS
SECTION 1 POLITICAL POWER. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.
SECTION 2 SUPREME LAW OF THE LAND. The Constitution of the United States is the supreme law of the land.
SECTION 3 PERSONAL RIGHTS. No person shall be deprived of life, liberty, or property, without due process of law.
SECTION 16 EMINENT DOMAIN. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches on or across the lands of others for agricultural, domestic, or sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right-of-way shall be appropriated to the use of any corporation other than municipal until full compensation therefor be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any Improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived, as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such, without regard to any legislative assertion that the use is public: Provided, That the taking of private property by the state for land reclamation and settlement purposes is hereby declared to be for public use. [AMENDMENT 9, 1919 p 385 Section 1. Approved November, 1920.]
NOW, THEREFORE,
BE IT HEREBY ORDAINED, AND AFFIRMED, by the Board of Commissioners, for the County of Stevens:
1. The adoption of this Ordinance is required to maintain, secure, and to promote the public peace, general welfare, health, safety, and Rights of the citizens of the County of Stevens through preservation of their custom(s), culture(s), freedom to travel, economic stability, protection and use and absolute ownership of private land, and protection and use of public land(s); protection and use of their environment, air, water, wildlife, fishing, hunting, farming, logging, prospecting and mining for minerals, food gathering; and, affirmation of their constitutionally protected private property rights, and to protect and maintain individual Rights, and their basic pursuit to life, liberty and happiness; and
2. Finding no constitutional provisions giving authority to any United Nations, Federal agency, State agency, or local agency, to enforce or exercise any authority, or take any independent action(s) over these before mentioned Rights of the citizens of the County of Stevens, whatsoever, outside of the provisions not expressly delineated in the Constitution for The united States of America AD 1787-89-91, or for the State of Washington, or, failing to find such provisions which would enable the Board of Commissioners, County of Stevens to act without the expressed consent of the citizens of the County of Stevens; and
3. Since this Ordinance is necessary to protect and maintain the Rights (collectively and individually) of the citizens reserved by the Constitutions for The united States of America and for the State of Washington, and that it is within the authority of the Board of Commissioners, for the County of Stevens to protect and uphold such Rights; and
4. That it is the desire of the Board of Commissioners, for the County of Stevens, to affirm these Rights of the citizens of the County of Stevens to any United Nations, Federal and State agency(s), foreign or domestic; or any other entity; and
5. That a new Ordinance be added to the Code, for the County of Stevens, entitled "Citizen Rights Ordinance No.1", "Restricting United Nations, Federal and State Government Regulations" not in harmony with the Supreme Law of the Land; and
6. That the new Ordinance will contain the following:
CITIZEN RIGHTS ORDINANCE NO.1
RESTRICTING UNITED NATIONS, FEDERAL AND STATE GOVERNMENT REGULATIONS
Chapter 1
Article 1. Preliminary Provisions
1.1 Purpose
The purpose of this Ordinance is to affirm as law in the County of Stevens, that all United Nations, Federal and State agencies are subservient to the Citizens of the County of Stevens, and will be restricted in action(s), or proposed action(s) affecting any land and natural and developed resource use(s), in order that the citizens of the County of Stevens may preserve their custom(s), culture(s), travel freedom, economic stability, protection and use and absolute ownership of private land, and protection and use of public land(s); protection and use of their environment, air, water, wildlife, fishing, hunting, farming, logging and reforestation, prospecting and mining for minerals, food gathering, affirmation of their constitutionally protected private property rights, and the like, and as necessary, to maintain their basic pursuit of life, liberty, and happiness as they alone will determine. This Ordinance restricts United Nations, Federal and State agencies in the County of Stevens, and is Notice to those agencies that any proposed act(s), or action(s), by these agencies will (mandatory) conform to the requirements outlined in this Ordinance.
1.12 Provisions, and existing Law(s)
The provisions of this Ordinance will be in addition to any other law(s) pertaining to the County of Stevens, and will have precedence over any other existing law(s), or planning policy(s), and over any planning policies or provisions adopted pursuant to, or in conformance with the Washington State Growth Management Act, nunc pro tunc.
1.13 Effectiveness
This Ordinance will be effective upon adoption by the Board of Commissioners, for the County of Stevens. If any provisions of this Ordinance is found invalid by the United States Supreme Court, (the side of the Court that guarantees a Republican form of Government), the remaining provisions will not be affected thereby, but will remain in full force and effect, and to the extent the provisions of this Ordinance will be severable.
1.14 Definitions
For the purpose of this Ordinance, and any regulations promulgated hereunder, the following words will be defined as follows:
a. "Culture" includes:
1. "inalienable rights, unalienable rights," the characteristic or state of a thing, property, or a Right(s) which cannot be bought or sold or transferred from one to another, such as rivers, public highways, speech, Right(s) of life and liberty established by our pioneer fathers;
2. "Heritage," includes every species of immovables which can be the subject of property; such as land, houses, orchards, woods, marshes, ponds, wetlands, etc., in whatsoever mode they may have been acquired; heritable Rights, obtained either by descent, purchase, and/or assignment.
3. Right to home school, to private school, to public school; religious freedom and the expression of religious views, conviction(s), morals, and practice (when not violating the Rights of others).
4. The understanding and recognition that all land ownership must be held in allodium, as was the intent of our pioneer fathers, to guarantee against the fear of its loss to government or the agencies of government, through the process of corrupt mesne encumbrances or through theft by taxation, or through regulation.
a. "Custom(s) Particular Custom(s) Local Custom(s)," or any combination thereof, will mean any usual action, practice, habit, associated with the use of public or private land, the environment, and natural or developed resource(s), adopted by the citizens of Stevens County, considered law by long usage, with respect to the location, place, or subject-matter to which the word is applied. The local custom will be usage, which will have the force of law in a particular district or at a particular place of the persons or things that it concerns. A Local custom, so far as it extends, does and will supersede the local law.
c. "United Nations, Federal or State agency(s)," or any combination thereof, will mean each department, agency, commission, entity, person, or individual, receiving authority from the executive, legislative, or judicial branch of the United States, the U.S., the UNITED STATES, The United States of America, THE UNITED STATES OF AMERICA, or the State of Washington, THE STATE OF WASHINGTON, Washington State, WASHINGTON STATE, Washington, WASHINGTON, The United Nations, UN, UNITED NATIONS, (or any combination thereof), including without limitation independent regulatory agencies, public or private corporation(s), foreign or domestic corporation(s) or agencies, together with each officer, official, agent or employee or subcontractor thereof in the performance of their duties.
a. "Natural Resource(s) or Developed Resource(s) use(s)," or any combination thereof, will mean any material, or the use of any material in its native or developed state, which when extracted has economic value; including timberland, farmland, oil and gas wells, ore deposits, and other natural products that have economic value; lakes, rivers, streams, the use of lakes rivers streams, submerged lands, semi submerged lands (wetlands); including fish, fishing, wildlife, hunting, air, along with but not limited to, any and all features which supply a need and/or contribution to the life, health, welfare, benefit, travel, freedom, and enjoyment of the citizens of the County of Stevens; and, also the elements which are essential to the diverse use and enjoyment of land(s) property(s), water(s) and air, devoted to parks for their recreation purposes.
e. "Proposal(s), proposed act(s) or action(s)," or any combination thereof, when used with respect to any United Nations, Federal, State, or local agency(s), will have the broadest possible meaning in the context, of the attempt to exercise any authority over the citizens of the County of Stevens, and will include, without limitation, any action(s), proposal(s), policy(s), regulation(s), rule(s), consideration(s), finding(s), study(s), or gathering or review of data, and the like, that may in any way be construed to affect the Rights and/or the liberties of the citizens of the County of Stevens.
d. "Private Property," will mean all property protected by the fourth, fifth, ninth, and tenth Amendments to the Constitution for The United States of America AD 1787-89-91, and Article 1, Section 16, of the Constitution for the State of Washington.
Article 2. General Provisions
1.2 General Provisions
Before any proposal(s), action(s), or proposed action(s) by any United Nations, Federal, State or local agency affecting land and/or natural or developed resource use in the County of Stevens is entertained, such agency will first submit to the Board of Commissioners for the County of Stevens, in detail, the constitutional provision(s), and the specific constitution(s), under which such proposal is authorized; and
a. If the proposed action(s) has clear constitutional authorization, as confirmed by the Board of Commissioners, for the County of Stevens, and/or their lawful and legal adviser(s), such agency will provide a written report to the County of Stevens, which will (in sufficient detail, acceptable to the Board of Commissioners) consider all effects such proposed action(s) may have, on community stability, maintenance of custom(s), culture(s), travel freedom, economic stability, protection and use and absolute ownership of private land, and protection and use of public land(s); protection and use of their environment, air, water, wildlife, fishing, hunting, farming, logging and reforestation, prospecting and mining for minerals, food gathering, affirmation of their constitutionally protected private property Rights, and the like, as necessary, to maintain their basic pursuit of life, liberty, and happiness as they alone will determine, and any other constitutionally protected Rights, or loss of such Rights; and
b. Submit a list and description of alternatives in light of possible conflicts with this Ordinance, existing laws, policies, and plans of the County of Stevens; consider all possibilities for reconciling the proposed action(s) with existing County laws, policies, and plans, and take all measures necessary to resolve such conflict and display the results of such consideration in appropriate documentation to the County of Stevens; and
c. If such proposed action(s) is/are determined by the Board of Commissioners for the County of Stevens, to be consistent with, and conforms to the intent and purpose of this Ordinance, such proposal will be published, and submitted to the citizens of the County of Stevens for review and for comment, in accordance with, and in conformity with current regulations and law of the County of Stevens; and
d. Shall be submitted to the citizens of the County of Stevens for voter approval or disapproval at the next scheduled general election, when possible. The vote of the citizens of the County of Stevens will be final and no such similar proposal or action(s) will be submitted to the citizens of the County of Stevens for five years from the date of the vote on the proposal(s) or proposed action(s).
Article 3. Documents and Costs
1.3 Documents and Costs:
All costs for the presentation and/or documentation of any proposed action(s), action(s) by any United Nations, Federal or State agency will be paid for by the respective agency, and all incidental expenses incurred by the County of Stevens for such proposal and to put such proposal before the citizens for comment and voter approval or disapproval, will be reimbursed to the County of Stevens by the agency submitting the proposal. Prior to entertaining any proposed action(s) by United Nations, Federal or State agencies, an Escrow Account will be established by the proposing agency within the County of Stevens, containing the funds in an amount estimated by the Board of Commissioners for the County of Stevens, to approximate the projected costs of submitting the proposal to the citizens; should that effort be successful, the cost of placing such proposal before the citizens of the County of Stevens, for a Tally of their vote(s).
Article 4. Enforcement
1.4 Enforcement:
The Board of Commissioners, for the County of Stevens, will have the authority under their constitutional and local police power(s), to instruct the Prosecuting Attorney to bring any action(s), or to enforce this Ordinance in any court of competent jurisdiction and to seek cumulative remedies, including any criminal or civil penalties allowed by law, equitable relief, and monetary compensation when the County tax base or the general welfare or health, safety, liberty, or constitutional Rights or liberty of the citizens of the County of Stevens is at issue.
1.41 Nothing in this Ordinance will be construed to limit any remedy that anyone may have under the laws of the State of Washington or of the United States of America. Every entity, who under color of any law, statute, ordinance, regulation, custom(s) culture(s) or usage, of The united States of America or of the State of Washington, subjects, or causes to be subjected, anyone within the County of Stevens to the deprivation of any Rights secured by this Ordinance, will be liable to the one injured in an action(s) at law, suit in equity or other proper proceeding for redress of grievances.
1.42 Anyone alleging a violation of Rights protected by the Constitution for The united States of America, or the Constitution for the State of Washington, or under this Ordinance, may submit a written complaint to the Grand Jury of the County of Stevens for action, or (when not available) the Prosecuting Attorney of the County of Stevens, who will determine whether any criminal action(s) may be brought.
1.43 Anyone, or any agency who under color of law, statute, ordinance, regulation, custom(s), culture(s), or usage, for The united States of America or for the State of Washington, subjects, or causes to be subjected any citizen within the County of Stevens to the deprivation of any Rights secured by this Ordinance will be guilty of a misdemeanor punishable by not less than 30 days in jail, a fine of not less than $1,000.00, or both, as determined by a Jury.
1.44 The Board of Commissioners for the County of Stevens will have the authority to require manual labor as a substitute for the punishment of time in jail.
DATED this ________________day of the _________ month ___________________ AD, 2001
Board of County Commissioners,
Stevens County, Washington
____________________________________
Chairman
____________________________________
Commissioner
____________________________________
Commissioner
ATTEST
__________________________________________
 
1 - 1 of 1 Posts
Top