Paul Andrew
Mitchell, B.A., M.S.
Private Attorney
General, 18 U.S.C. 1964;
Agent of the United
States, 31 U.S.C. 3730
c/o Trustee, Supreme
Law Firm
1224 N.E. Walnut,
#257
Roseburg 97470
Oregon, USA
In Propria Persona
All Rights Reserved
United States District Court
District of Oregon
UNITED STATES OF
AMERICA [sic], ) Case No. 6:10-cr-60066-AA
Plaintiff [sic], )
v. )
)
STEVEN DWIGHT
HAMMOND [sic] and, )
DWIGHT LINCOLN
HAMMOND, JR. [sic],
)
Defendants [sic]. )
-----------------------------------)
United States ) NOTICE OF MISSING AND/OR
ex relatione ) DEFECTIVE
CREDENTIALS:
Paul Andrew Mitchell, ) 5 U.S.C. 2104, 2903, 2906, 3331;
) 18 U.S.C. 4, 912, 1961 et
seq.;
Interpleader. ) 28
U.S.C. 453, 544, 951;
) 31 U.S.C.
3729 et seq.; and,
) 44 U.S.C. 3512(b).
TO
WHOM IT MAY CONCERN:
The United States hereby notoriously appears
specially, not generally, and ex rel.
Paul Andrew Mitchell, Private Attorney General and Agent of the United States
as Qui Tam Relator,
for the limited purposes of: (1)
providing formal Notice to all Proper Parties and all other recipients of this NOTICE; (2) satisfying the legal
requirements imposed by the Federal criminal statute at 18 U.S.C. section
4; and, (3) establishing probable cause
calling for the conclusion that the suspects named infra are engaged in a pattern of racketeering activities in
violation of the Federal criminal statute at 18 U.S.C. 1962(d) (conspiracy to
engage in a pattern of racketeering activity).
In the interests of expediting access to all
relevant and admissible documentation, Interpleader
hereby notifies all concerned of a single, consolidated electronic database
which now contains evidence of missing and/or defective credentials for past
and present Federal Court personnel employed by the U.S. District Court for the
District of Oregon. In particular, see
all “NAD” links infra:
http://supremelaw.org/rsrc/commissions/evidence.folders.2004-03-16.htm#DOR
http://supremelaw.org/rsrc/commissions/evidence.folders.2004-03-16.htm#NINTH
http://supremelaw.org/rsrc/commissions/credential.investigation.facts.and.laws.htm
FATAL DEFECTS CONFIRMED IN
OFFICE OF PERSONNEL MANAGEMENT
STANDARD
FORM 61 (“SF-61”) APPOINTMENT AFFIDAVITS
Relator now confirms that the Office of Personnel
Management (“OPM”) never requested nor obtained formal review and
approval by the Office of Management and Budget (“OMB”) of three (3)
distinct changes that are plainly evident on the OPM SF-61 APPOINTMENT AFFIDAVITS
now in widespread use, after being made available in electronic form at OPM’s
Internet website, to wit:
(1)
there is
no OMB control number at the upper right-hand corner;
(2)
there is
no paragraph at the bottom citing 5 U.S.C. 2903; and,
(3)
the use of an electronic form in lieu of a hard-copy form.
Proper requests submitted under the Freedom
of Information Act at 5 U.S.C. 552 (“FOIA”) specifically sought documentary
evidence that OPM has duly complied with the published Regulations implementing
the Paperwork Reduction Act (“PRA”).
On August 6, 2012, OPM replied as follows:
...
[W]e do not have any responsive records here at OPM.
And, on August 23, 2012, OMB replied as
follows:
After
careful review of your request, we conducted a search of OMB’s files and did
not identify any records or documents that are responsive to your request.
Accordingly, pursuant to the legislative
intent of the PRA, Relator has every right to enforce
that Act by concluding that any and all OPM SF-61 APPOINTMENT AFFIDAVITS which
were never reviewed and timely approved by OMB, as required by published
Regulations implementing the PRA, are necessarily “bootleg requests” belonging
in the nearest trash can.
In other words, they are counterfeits!
Furthermore, the failure to produce any evidence of any duly executed OPM SF-61 APPOINTMENT AFFIDAVITS has very
far-reaching criminal consequences for all Federal employees who are similarly
situated. See e.g. 18 U.S.C. §§ 912, 1341, 1951 and 1961 et seq.
In particular, concerning the consequences
for Federal personnel who are claiming to be duly appointed to preside on a
Federal Court, Interpleader attaches a list of
authorities concerning such personnel, and incorporates same by reference, as
if set forth fully here.
Those authorities make it very clear that,
without taking all required Oaths, one cannot become a judge either de jure or de facto, such an individual is without authority to act, and all
his acts as such are void until he has taken the prescribed oath:
Without taking the oath prescribed
by law, one cannot become a judge either de jure or de facto, and
such an individual is without authority to act and his acts as such are void
until he has taken the prescribed oath.
[French v. State, 572 S.W.2d 934]
[Brown v. State, 238 S.W.2d 787]
The Office of Attorney General also issued a
long-standing legal Opinion consistent with the statute at 5 U.S.C. 5507. Said Opinion reiterated that the required
Oath was a mandatory prerequisite to exercising a judge’s duties and
to receiving compensation as a judge:
... [B]ut whatever
form of oath is taken, the taking of the oath is a
prerequisite to the entering upon the official duties or drawing salary therefor.
[19 Op Atty Gen 221]
For reasons including but not limited to
those discussed above, Relator hereby formally
invokes the PRA’s Public Protection Clause at 44 U.S.C. 3512(b):
(b) The protection provided by this section may be raised in the form
of a complete defense, bar, or otherwise at any time during the agency
administrative process or judicial action applicable thereto.
5 U.S.C. 2903: AUTHORITY
TO ADMINISTER
Interpleader also wishes to draw attention to the existence,
and legal implications, of the Federal statute at 5 U.S.C. 2903.
As explained above,
the absence of any citation to that
statute is one of the reasons why OPM’s electronic version of SF-61 violates
the PRA and its implementing Regulations.
It is also one of the
reasons why Relator asserts a right to inspect
all SF-61 APPOINTMENT AFFIDAVITS for proper compliance with the stated
requirements of that particular statute.
It can happen that
Federal judicial personnel have executed what
appears to them to be a complete set of proper credentials.
However,
if the individual who administered SF-61 lacks one or more of the credentials
required of that individual, it necessarily follows that 2903 has been
violated.
Let us consider one
example, in order to drive this point home:
consider a single SF-61 which appears to have been administered by a
County Dog Catcher. Interpleader
does not intend to demean that local government position: dog catchers perform
a very important public safety service.
Nevertheless,
the issue is whether or not a County Dog Catcher is authorized by law to
administer OPM SF-61 APPOINTMENT AFFIDAVITS.
There are three (3)
subsections at 5 U.S.C. 2903. Interpleader wishes to supplement the analysis above with
particular emphasis on subsection 2903(a), to wit:
(a)
The oath of office required by section 3331
of this title may be administered by an individual authorized by the laws of
the United States or local law to administer oaths in the State, District,
or territory or possession of the United States where the oath is administered.
[underlined
emphasis added]
If someone desires to
know which individuals are so authorized by the laws of the United States
(Federal government), it is necessary to do much additional research in order
to locate each such law, and in order to determine from each such law which
individual(s) have been authorized to administer OPM SF-61 APPOINTMENT
AFFIDAVITS, and which have not been so authorized.
The latter is the
situation facing any private Citizen who wishes to determine the authenticity
of any SF-61.
When a private Citizen
is confronted with an SF-61 from which all references to the statute at 5
U.S.C. 2903 have been removed, a not so subtle fraud has been inflicted on
that Citizen by failing to disclose what
should have been disclosed.
Here, cf. “Fraud” in Black’s
Law Dictionary, Sixth Edition.
A County Dog Catcher’s
signature could appear there;
and, without the additional knowledge which notice of this
statute provides, the Citizen is thereby deprived of information necessary to
perform a reasonable inspection of such a document, and to make a reasonable
determination of its legality and authenticity.
Such is the PRA’s
legislative intent!
Relator here argues that the citation to 5 U.S.C.
2903 should not only be a mandatory requirement on all blank SF-61 APPOINTMENT
AFFIDAVITS duly approved by OMB.
In the spirits of
timely notice, full disclosure, and full compliance with the PRA, future revisions
of OPM SF-61 should also be enhanced with at least one additional line on which
the individual administering that form is required to cite the exact law of
the United States or local law which confers upon that individual authority
to administer that form.
The latter is really
not too much to ask, in light of the obvious vagueness
which Interpleader has already documented at 5 U.S.C.
2903(a), in light of the published Regulations which implement the PRA, and in
light of the PRA’s legislative intent.
Those implementing
Regulations expressly mandate opportunities for public comments whenever an OMB control number is up for
mandatory renewal every three (3) years.
Again, see 5 U.S.C. 5507 (“officer
... may not be paid until the [valid SF-61] affidavit has been filed”).
In fact, those
implementing Regulations also authorize any person to request OMB review
of any collection of information conducted by or for any Federal
government agency, as follows:
Any person may request OMB to review any
collection of information
conducted by or for any agency to determine if, under this Act and this part, a
person shall maintain, provide, or disclose the information to or for the
agency. Unless the request is frivolous,
OMB shall, in coordination with the agency responsible for the collection of
information:
(1)
Respond
to the request within 60 days after receiving the request, unless such period is extended by OMB to a
specified date and the person making the request is given notice of such
extension; and,
(2)
Take
appropriate remedial action,
if necessary. 5 CFR 1320.14(c)
[underlined
emphasis added]
INCORPORATION
OF ALL ATTACHED EXHIBITS
Interpleader hereby incorporates by reference all
attached documents as Exhibits, and as if all were set forth fully here.
VERIFICATION
I, Paul Andrew Mitchell, Sui Juris, Relator
in the above entitled action, hereby verify under penalty of perjury, under the
laws of the United States of America,
without the “United States” (Federal
government), that the above statement of facts and laws is true and correct,
according to the best of My current information, knowledge, and belief, so help
me God, pursuant to 28 U.S.C. 1746(1) (Constitution, Laws and Treaties of the
United States are supreme Law of the Land, notwithstanding
anything in the Constitution or Laws of Oregon State to the contrary. See Supremacy Clause.)
Dated: April 1, 2016 A.D.
Signed: /s/ Paul Andrew Mitchell
____________________________________________________________
Printed: Paul Andrew
Mitchell, B.A., M.S., Relator In Propria Persona;
Private Attorney General, 18 U.S.C.
1964(c); and,
Agent of the United States as Qui Tam Relator:
31 U.S.C. 3730
(see U.S. ex rel. Madden v. General Dynamics Corp.)
I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under
the laws of the United States of America, without the “United States”
(Federal government), that I am at least 18 years of age, a Citizen of ONE OF the United
States of America, and that I personally served the following document(s):
NOTICE OF MISSING AND/OR
DEFECTIVE CREDENTIALS:
5 U.S.C. 2104, 2903, 2906, 3331;
18 U.S.C. 4, 912, 1961 et seq.;
28 U.S.C. 453, 544, 951;
31 U.S.C. 3729 et seq.;
and,
44 U.S.C. 3512(b)
by placing one true and
correct copy of said document(s) in first class United States Mail, with
postage prepaid and properly addressed to the following:
Clerk of Court (3x)
U.S. District Court
Wayne L. Morse U.S. Courthouse
405 East Eighth Avenue
Eugene 97401
Oregon, USA
Office of the U.S. Attorney
Attention:
Mr. Billy J. Williams
1000
S.W. Third Avenue, Suite 600
Portland
97204
Oregon,
USA
Lawrence H. Matasar
Lawrence
Matasar, P.C.
621
S.W. Morrison Street
Suite
1025
Portland
97205
Oregon,
USA
Kendra
M. Matthews
Ransom Blackman, LLP
1001 S.W. Fifth Avenue
Suite 1400
Portland 97204
Oregon, USA
Courtesy Copies:
Steven Dwight Hammond
Register Number:
60061-065
FCI Terminal Island
P.O. Box 3007
San Pedro 90731
California, USA
Dwight Lincoln Hammond
Register Number:
59886-065
FCI Terminal Island
P.O. Box 3007
San Pedro 90731
California, USA
Mrs. Susan Hammond
c/o Trustee, Supreme
Law Firm
1225 N.E. Walnut,
#257
Roseburg 97470
Oregon, USA
[Please see USPS
Publication #221 for “addressing” instructions.]
Dated: April 1, 2016 A.D.
Signed: /s/ Paul Andrew Mitchell
____________________________________________________________
Printed:
Paul Andrew Mitchell, B.A., M.S., Relator In Propria Persona;
Private
Attorney General, 18 U.S.C. 1964(c); and,
Agent of the United States as Qui Tam Relator:
31 U.S.C. 3730
(see U.S. ex rel. Madden v. General Dynamics Corp.)
FREEDOM OF INFORMATION ACT REQUEST
December 27, 2011 A.D.
Disclosure Officer IN DEFAULT
U.S. Office of
Personnel Management
FOIA Requester
Service Center
1900 “E” Street,
N.W., Room 5415
Washington
20415-7900
DISTRICT OF
COLUMBIA, USA
Subject: Freedom of Information Act (“FOIA”) Request
Dear Disclosure
Officer:
This is a request
under the Freedom of Information Act. I
request that a true and correct copy of the following documents be
provided to Me, without delay:
(1) Regulations implementing the Federal statute
at 5 U.S.C. 3331 as duly published in the Federal
Register and/or the Code of Federal
Regulations but not otherwise listed in the Parallel Table of Authorities and Rules revised January 1, 2011
(see attached);
(2)
materials
submitted in compliance with 5 CFR 1320.5 to the Director of OMB for review of
the Office of Personnel Management (“OPM”) Standard Form 61 APPOINTMENT
AFFIDAVITS as revised in June 1996 and August 2002 (copies attached), including
but not limited to:
(a)
the
certification required under 5 CFR 1320.9;
(b)
the
proposed collection of information;
(c)
the
explanation for the decision that it would not be appropriate for the proposed
collection of information to display an expiration date;
(d)
the
statement indicating that the proposed collection of information involves the
use of automatic, electronic collection techniques;
(e)
pertinent
statutory authority, regulations, and such related supporting materials as OMB
may have requested;
(f)
the
notice published in the Federal Register
as required by 5 CFR 1320.5(a)(1)(iv);
(g)
OMB’s
approval of the proposed collection of information including either the control
number obtained from the Director to be displayed upon the collection of
information, or evidence of the Director’s decision to permit the collection of
information to be used after June 1996 without a control number.
We incorporate as an essential part of this
FOIA Request, all of the following relevant excerpts from the Code of Federal Regulations implementing
the Paperwork Reduction Act, to wit:
[A]n agency shall not conduct or sponsor a
collection of information unless ... the collection of information displays a
currently valid OMB control number. 5
CFR 1320.5(b)(1)
In the case of forms ... sent or made
available to potential respondents in an electronic format, the agency places
the currently valid OMB control number ... on the first screen viewed by the
respondent. 5 CFR 1320.5(b)(2)(ii)(B)
[A]n agency shall not conduct or sponsor a
collection of information unless ... the agency informs the potential persons who
are to respond to the collection of information that such persons are not
required to respond to the collection of information unless it displays a
currently valid OMB control number. 5
CFR 1320.5(b)(2)(i)
OMB will consider necessary any collection of
information specifically mandated by statute .... 5 CFR 1320.5(e)(1)
An agency may not make a substantive or
material modification to a collection of information after such collection of
information has been approved by OMB, unless the modification has been
submitted to OMB for review and approval under this Part. 5 CFR 1320.5(g)
OMB shall not approve any collection of
information for a period longer than three years. 5 CFR 1320.10(b)
Agencies shall provide copies of the material
submitted to OMB for review promptly upon request by any person. 5 CFR 1320.14(b)
Any person may request OMB to review any
collection of information conducted by or for any agency to determine if, under
this Act and this part, a person shall maintain, provide, or disclose the
information to or for the agency. Unless
the request is frivolous, OMB shall, in coordination with the agency
responsible for the collection of information:
(1) Respond to the request within 60 days after
receiving the request, unless such period is extended by OMB to a specified
date and the person making the request is given notice of such extension; and,
(2) Take appropriate remedial action, if
necessary. 5 CFR 1320.14(c)
I request a waiver
of all fees for this request.
Disclosure of the
requested information to Me is in the public interest,
because it is likely to contribute significantly to public understanding
of the operations and activities of the Federal government, and is not primarily
in My commercial interest.
See also 5 U.S.C.
552(a)(4)(B).
If you are not the correct person to whom
this FOIA request should be directed, please forward it without delay to the
correct person(s).
Thank you for your
consideration of this FOIA request.
Sincerely yours,
/s/ Paul Andrew
Mitchell
Paul Andrew Mitchell,
B.A., M.S.
Private Attorney
General, Criminal Investigator and
Federal
Witness: 18 U.S.C. 1510, 1512-13,
1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
All Rights Reserved without Prejudice
U.S. Mail:
Paul Andrew Mitchell, B.A., M.S.
c/o Lake Union Mail
117 East Louisa Street
Seattle 98102-3203
WASHINGTON STATE, USA
Attachments
Copy: U.S. Marshals, Judicial Security, Seattle,
Washington State
[See USPS
Publication #221 for addressing instructions.]
FREEDOM OF INFORMATION ACT REQUEST
December 27, 2011 A.D.
Disclosure
Officer IN DEFAULT
Office of Information
and Regulatory Affairs
The Office of
Management and Budget
725 - 17th Street,
N.W.
Washington 20503
DISTRICT OF COLUMBIA,USA
Subject: Freedom of Information Act (“FOIA”) Request
Dear Disclosure
Officer:
This is a request
under the Freedom of Information Act. I
request that a true and correct copy of the following documents be
provided to Me, without delay:
(1) Regulations implementing the Federal statute
at 5 U.S.C. 3331 as duly published in the Federal
Register and/or the Code of Federal Regulations
but not otherwise listed in the Parallel
Table of Authorities and Rules revised January 1, 2011 (see attached);
(2)
materials
submitted in compliance with 5 CFR 1320.5 to the Director of OMB for review of
the Office of Personnel Management (“OPM”) Standard Form 61 APPOINTMENT
AFFIDAVITS as revised in June 1996 and August 2002 (copies attached), including
but not limited to:
(a)
the
certification required under 5 CFR 1320.9;
(b)
the
proposed collection of information;
(c)
the
explanation for the decision that it would not be appropriate for the proposed
collection of information to display an expiration date;
(d)
the
statement indicating that the proposed collection of information involves the
use of automatic, electronic collection techniques;
(e)
pertinent
statutory authority, regulations, and such related supporting materials as OMB
may have requested;
(f)
the
notice published in the Federal Register
as required by 5 CFR 1320.5(a)(1)(iv);
(g)
OMB’s
approval of the proposed collection of information including either the control
number obtained from the Director to be displayed upon the collection of
information, or evidence of the Director’s decision to permit the collection of
information to be used after June 1996 without a control number.
We incorporate as an essential part of this
FOIA Request, all of the following relevant excerpts from the Code of Federal Regulations implementing
the Paperwork Reduction Act, to wit:
[A]n agency shall not conduct or sponsor a
collection of information unless ... the collection of information displays a
currently valid OMB control number. 5
CFR 1320.5(b)(1)
In the case of forms ... sent or made
available to potential respondents in an electronic format, the agency places
the currently valid OMB control number ... on the first screen viewed by the
respondent. 5 CFR 1320.5(b)(2)(ii)(B)
[A]n agency shall not conduct or sponsor a
collection of information unless ... the agency informs the potential persons
who are to respond to the collection of information that such persons are not
required to respond to the collection of information unless it displays a
currently valid OMB control number. 5
CFR 1320.5(b)(2)(i)
OMB will consider necessary any collection of
information specifically mandated by statute .... 5 CFR 1320.5(e)(1)
An agency may not make a substantive or
material modification to a collection of information after such collection of
information has been approved by OMB, unless the modification has been
submitted to OMB for review and approval under this Part. 5 CFR 1320.5(g)
OMB shall not approve any collection of
information for a period longer than three years. 5 CFR 1320.10(b)
Agencies shall provide copies of the material
submitted to OMB for review promptly upon request by any person. 5 CFR 1320.14(b)
Any person may request OMB to review any
collection of information conducted by or for any agency to determine if, under
this Act and this part, a person shall maintain, provide, or disclose the
information to or for the agency. Unless
the request is frivolous, OMB shall, in coordination with the agency
responsible for the collection of information:
(1) Respond to the request within 60 days after
receiving the request, unless such period is extended by OMB to a specified
date and the person making the request is given notice of such extension; and,
(2) Take appropriate remedial action, if
necessary. 5 CFR 1320.14(c)
I request a waiver
of all fees for this request.
Disclosure of the
requested information to Me is in the public interest,
because it is likely to contribute significantly to public understanding
of the operations and activities of the Federal government, and is not primarily
in My commercial interest.
See also 5 U.S.C.
552(a)(4)(B).
If you are not the correct person to whom
this FOIA request should be directed, please forward it without delay to the
correct person(s).
Thank you for your
consideration of this FOIA request.
Sincerely yours,
/s/ Paul Andrew
Mitchell
Paul Andrew
Mitchell, B.A., M.S.
Private Attorney
General, Criminal Investigator and
Federal
Witness: 18 U.S.C. 1510, 1512-13,
1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
All Rights Reserved without Prejudice
U.S. Mail:
Paul Andrew Mitchell, B.A., M.S.
c/o Lake Union Mail
117 East Louisa Street
Seattle 98102-3203
WASHINGTON STATE, USA
Attachments
Copy: U.S. Marshals, Judicial Security, Seattle,
Washington State
[See USPS
Publication #221 for addressing instructions.]
Authorities in re: Presidential
Commissions
When person has been nominated to
office by President, confirmed by Senate, and his commission signed by
President, with seal of United States affixed thereto, his appointment is
complete.
[U.S. v. LeBaron, 60 U.S. 73,
19 How. 73]
[15 L.Ed. 525 (1856), bold
emphasis added]
The commissions
of judicial officers ... appointed by the President, by and with the advice
and consent of the Senate ... shall be made out and recorded in the
Department of Justice under the seal of that department and countersigned by
the Attorney General.
[5
U.S.C. 2902(c), bold emphasis added]
Federal circuit and district judges
are among the “other officers of the United States” required to be nominated by
the President by and with the advice and consent of the Senate.
[Thomson v. Robb, 328 S.E.2d 136, 140, hn. 3]
[229 Va. 233 (Va. 1985)]
From this clause [2:2:2] the Constitution must
be understood to declare that all offices of the United States, except in cases
where the Constitution itself may otherwise provide, shall be established by
law.
[U.S. v. Maurice, 2 Brock, U.S.,
96]
[26 Fed. Cas. No.
15,747]
...
[W]here the law requires a commission to be issued, the person selected is
not entitled to the office until the commission issues, and he cannot be
legally qualified by taking the required oath until he has received his
commission.
[Legerton v. Chambers,
163 P. 678, 32 Cal.App. 601]
[Magruder v. Tuck, 25
Md. 217]
[bold emphasis added]
The commission is in law prima facie
proof of the right of the judge to enter on and perform the duties of his
office.
[State v. Montague, 130 S.E. 838, 190 N.C. 841]
[Sylvia Lake Co. v. Northern Ore Co., 151 N.E. 158]
[242 N.Y. 144, cert. den. 273
U.S. 695]
It [commission] is the highest
and best evidence of his right to the office until, on quo warranto or a proceeding of that nature, is annulled by
judicial determination.
[Thompson v. Holt, 52 Ala. 491]
[bold emphasis added]
Without taking the oath prescribed by law, one
cannot become a judge either de jure or de facto, and such an
individual is without authority to act and his acts as such are void until he
has taken the prescribed oath.
[French v. State, 572 S.W.2d 934]
[Brown v. State, 238 S.W.2d 787]
Law requires the judge selected to take an oath of office.
[U.S. ex rel. Scott v. Babb]
[199 F.2d 804 (7th Cir. 1952)]
Appointment was complete upon taking oath.
[Glavey v. U.S., 182
U.S. 595 (1901)]
Judges
are required to take oaths.
[7 Op Atty Gen 303]
Oath
was prerequisite to compensation of judges.
[7 Op Atty Gen 303]
The salaries of all judges of courts of the
United States are due from the date of appointment; but the party does not become entitled to
draw pay until he has entered on the duties of his office, or at least taken his
official oath; for, until then, though
under commission, he is not actually in office;
and in some cases, as that of the territorial judges of Oregon,
Washington, Kansas, and Nebraska, salary, though due from date of appointment,
cannot be drawn until the judge enters on duty in the Territory.
[7 Op Atty Gen 303 supra]
Oath
was prerequisite to official duties and salary.
[19 Op Atty Gen 219]
SALARY
OF MINISTER
By act of July 11, 1888, chapter 614, the
office of chargé
d’affaires to Paraguay and Uruguay, the salary of which
was $5,000 per annum, was abolished, and provision made for representing the
United States there by a minister at $7,500 a year. B., who at that time held the former office, was on the 11th of August, 1888,
appointed minister. He received his
commission at his place of duty on the 3d of October, 1888, and on that latter
date took the official oath and entered upon the duties of his office as
minister: Advised that B. is entitled to draw his salary as minister from the
3d of October, 1888, the date on which he qualified for the office and entered
upon its duties, and not from the date of his appointment (Aug. 11, 1888).
[19 Op Atty Gen 219 supra]
... [B]ut whatever
form of oath is taken, the taking of the oath is a
prerequisite to the entering upon the official duties or drawing salary therefor.
[19 Op Atty Gen 221 supra]
#
# #
Attached Exhibits:
Admission
by U.S. Office of Personnel Management:
http://supremelaw.org/cc/hedges/opm/letter.2012-08-06/page01.gif
Admissions
by U.S. Office of Management and Budget:
http://supremelaw.org/cc/hedges/omb/letter.2012-08-23/page01.gif
http://supremelaw.org/cc/hedges/omb/letter.2012-08-23/page02.gif
http://supremelaw.org/cc/hedges/omb/letter.2012-08-23/page03.gif
http://supremelaw.org/cc/hedges/omb/letter.2013-01-25/page01.gif
http://supremelaw.org/cc/hedges/omb/letter.2013-01-25/page02.gif
Credentials
Produced in Reply to FOIA Requests
for
Multiple Credentials -- District of Oregon:
http://supremelaw.org/rsrc/commissions/DOR.htm
Supplemental
Freedom of Information Act Request:
http://supremelaw.org/rsrc/oaths/foia.request.usdc.dor.2.htm
Freedom
of Information Act Request:
http://supremelaw.org/rsrc/oaths/foia.request.usdc.dor.htm
Notice
and Demand for Exhibition of Missing Credentials
required of Ann Aiken:
http://supremelaw.org/rsrc/commissions/aiken.ann/nad.missing.credentials.2.htm
Oath
of Office signed by Ann Aiken:
http://supremelaw.org/rsrc/commissions/aiken.ann/oath.of.attorney.gif
Notice
and Demand for Exhibition of Certificate
required of Carlos Tiburcio Bea:
http://supremelaw.org/rsrc/commissions/bea.carlos/nad.certificate.htm
Freedom
of Information Act Request for three (3) credentials
required of Kirk A. Engdall:
http://supremelaw.org/cc/hammond/engdall/FOIAEngdalli1-21-16.1.doc
Notice
and Demand for Exhibition of Missing Credentials
required of Michael R. Hogan:
http://supremelaw.org/rsrc/commissions/hogan.michael/nad.missing.credentials.2.htm
Oath
of Office signed by Michael Robert Hogan:
http://supremelaw.org/rsrc/commissions/hogan.michael/oath.of.attorney.gif
Freedom
of Information Act Request for four (4) credentials
required of Dwight C. Holton:
http://supremelaw.org/cc/davis/grand.jury/holton/foia.request.1.htm
Notice
and Demand for Exhibition of Written Oath
required of Dwight C. Holton:
http://supremelaw.org/cc/davis/grand.jury/holton/nad.attorney.oath.htm
Counterfeit
APPOINTMENT AFFIDAVITS for S. Amanda Marshall,
annotated “Refused for Causes:”
http://supremelaw.org/cc/joling/marshall/letter.2012-05-17/affidavit.refused.jpg
Counterfeit
APPOINTMENT AFFIDAVITS for S. Amanda Marshall:
http://supremelaw.org/cc/joling/marshall/letter.2012-05-17/affidavit.gif
Freedom
of Information Act Request for four (4) credentials
required of S. Amanda Marshall:
http://supremelaw.org/cc/joling/marshall/foia.request.1.htm
Notice
and Demand for Exhibition of Written Oath
required of S. Amanda Marshall:
http://supremelaw.org/cc/joling/marshall/nad.attorney.oath.htm
Counterfeit
APPOINTMENT AFFIDAVITS for Stephen Joseph Murphy, III,
annotated “Refused for Causes:”
http://supremelaw.org/rsrc/commissions/murphy.stephen/affidavit.refused.gif
Counterfeit
APPOINTMENT AFFIDAVITS for Stephen Joseph Murphy, III:
http://supremelaw.org/rsrc/commissions/murphy.stephen/affidavit.gif
Freedom
of Information Act Request for three (3) credentials
required of Frank R. Papagni, Jr.:
http://supremelaw.org/cc/hammond/papagni/FOIA.Papagini1-21-16.doc
Notice
and Demand for Exhibition of Certificate
required of Richard Charles Tallman:
http://supremelaw.org/copyrite/tallman/nad.certificate.htm
Notice
and Demand for Exhibition of Missing Credentials
required of Richard C. Tallman:
http://supremelaw.org/copyrite/tallman/nad.missing.credentials.htm
Notice
and Demand for Exhibition of Oath
required of Richard C. Tallman:
http://supremelaw.org/copyrite/tallman/nad.oath.htm
Final
Notice and Demand for Credentials Required by Law
of
Richard C. Tallman: