Paul Andrew Mitchell, Sui Juris
c/o general delivery
San Marcos [ZIP code exempt]
TEXAS STATE

In Propria Persona

All Rights Reserved,
without prejudice

At Law




             DISTRICT COURT OF TEXAS STATE

                     HAYS COUNTY


Paul Andrew Mitchell,    ) Case No. CV-98-0547
                         )
          Plaintiff,     ) AFFIDAVIT OF PROBABLE CAUSE
                         )
     v.                  )
                         )
City of San Marcos,      )
San Marcos Utility,      )
Community Action, Inc.   )
  of Hays, Caldwell, &   )
  Blanco Counties,       )
Century Telephone, Inc., )
and Does 1 thru 25,      )
                         )
          Defendants.    )
_________________________)


COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of

Arizona state, Federal Witness, Counselor at Law,

Private Attorney General, and Candidate for the United

States ("U.S.") House of Representatives, currently

inhabiting Hays county in Texas state ("Plaintiff"),

to present this, His AFFIDAVIT OF PROBABLE CAUSE.

Said AFFIDAVIT now follows:


     I, Paul Andrew Mitchell, Sui Juris, am the

Plaintiff in this case.  I am of majority age, and

competent to make this verified statement, to wit:

     On Monday, May 18, 1998, I learned, from written

notes which he had left for Me, that My roommate of

only six (6) weeks was moving out on very short notice,

and that the telephone and electricity services would

be disconnected on Tuesday, May 19, 1998.

     On Monday, May 18, 1998, I called Century

Telephone's customer service number and spoke with

their representative concerning My options.  I then

requested to keep the same telephone number that had

been previously assigned to My roommate.  That

representative advised Me to call first thing on

Tuesday morning, in order to reserve that number

before it was assigned to someone else.

     Upon waking on Tuesday, May 19, 1998, I then

discovered that the telephone and electrical services

had, indeed, been disconnected, most probably before

I arose that morning.

     Soon after waking on the morning of Tuesday,

May 19, 1998, I called Century Telephone's

customer service again, and spoke with a different

woman.  She reserved My roommate's former

telephone number for Me, and also asked Me for a

Social Security Number.  I told her I did not have one,

and gave her numerous reasons why I do not have one,

after she specifically asked Me why that was the case.

She advised Me to bring photo identification ("ID")

to their business office, as soon as possible.

     Later in the day on Tuesday, May 19, 1998, I

delivered a photo ID and business card to the Century

Telephone business office in the city of San Marcos.

The counter clerk made photocopies the photo ID and

business card, and returned both to me.  I was then

advised by the counter clerk that these forms of

identification would be unacceptable, and that I would

need to present a valid Texas Driver's License ("TDL")

and/or valid Texas state-issued photo ID ("TID").

     I explained to the counter clerk that the

TDL and TID both require the disclosure of a Social

Security Number on the application forms for these

documents, and that it was primarily for this reason

that I do not currently have either a TDL or TID, and

have no plans to obtain either a TDL or TID, because

I have strongly held religious objections to the

Social Security system and number.

     I also told her that I am a Citizen of Arizona.

     Later in the afternoon on Tuesday, May 19, 1998,

I specifically requested the personal intervention of

Father Daryl Olds, Assistant Pastor at St. John's

Catholic Church in San Marcos, Texas.  Father Olds

agreed to call Century Telephone's business office

immediately.

     On Wednesday, May 20, 1998, I visited the offices

of Community Action, Inc., and was introduced to

Mr. Frank Cantu, who is a staff member of this

organization.  We had a cordial introduction and

met for about 20 minutes, during which time I

explained that I could use some help activating the

electricity in My dwelling unit.  Mr. Cantu wrote some

information onto his "in-take" form, and requested some

identification.  I handed him copies of My photo ID

and business card, which he promptly photocopied and

returned to Me.  He told me that a valid TDL and/or

TID would be required, and I told him that I did not

have either of these.

     Mr. Cantu then called someone at the San Marcos

Utility, to confirm their identification requirements.

After finishing that telephone conversation, Mr. Cantu

informed Me that the San Marcos Utility requires either

a Texas Driver's License, and/or Texas state-issued ID.

     Mr. Cantu asked Me to come back the following day,

in order to complete the application process and to

meet the Manager concerning this matter.  He also

informed Me that his organization had sufficient funds

to pay for the required deposit -- approximately $80.

     On Wednesday, May 20, 1998, I learned from Father

Olds that Century Telephone did, in fact, deny

telephone service to Me, because I did not have what

they termed "proper" identification.

     On Thursday, May 21, 1998, I prepared and

delivered a letter and document set concerning

Social Security to the Community Action, Inc.

secretary, and requested that she forward these

documents to Mr. Frank Cantu.  See Exhibits A & D,

which are both incorporated by reference,

as if set forth fully herein.

     On Thursday, May 21, 1998, I prepared and

delivered a letter and document set concerning

Social Security to Century Telephone's counter

clerk, and requested that she make copies only of

the 3-page hand-written letter.  See Exhibits B & D,

which are both incorporated by reference,

as if set forth fully herein.

     The counter clerk was gone for what seemed to Me

to be an inordinate amount of time (to photocopy only

3 pages), the line of customers was getting rather

long behind Me.  When the counter clerk finally

returned, she attempted to return the document set

to Me, and said, "Please call Christen on our in-house

courtesy phone there, in the lobby."

     I told her that Father Olds had informed Me of

the decision by Century Telephone employees to refuse

telephone service to Me.  She then replied, "We are NOT

refusing telephone service to you.  PLEASE call

Christen, our representative, on the courtesy phone."

     I expressed frustration with the long wait, and

for what I considered to be obviously inconsistent

treatment, by telling the counter clerk that I thought

this inconsistent treatment now warranted a law suit.

     At that moment, rather than to get into such a

difficult and frustrating subject on the courtesy

telephones in the lobby of Century Telephone's business

office, where other customers waiting in line would,

most likely, hear only My side of the story, I made

a decision to leave immediately, without speaking with

Christen, or anyone else, on their lobby courtesy

telephones.

     Later in the afternoon on Thursday, May 21, 1998,

I prepared and delivered a letter and document set to

the business office of San Marcos Utility, which is

adjacent to St. John's Catholic Church and also to the

city hall business offices of the City of San Marcos,

on Hopkins Street in San Marcos, Texas.  See Exhibits

C & D, which are both incorporated by reference,

as if set forth fully herein.

     In the early afternoon of Friday, May 22, 1998,

I visited the offices of Community Action, Inc., and

met briefly with the Manager and with Mr. Frank Cantu.

     After a discussion of numerous unrelated and

irrelevant subjects, such as the true identity of

the Internal Revenue Service [sic], the Manager

informed Me that Community Action, Inc. would not

provide Me with any vouchers for the deposit on an

electric utility account, until and unless I provided

him with a TDL and/or TID.  He said this decision was

now final.

     Each of these separate experiences, forming a

consistent pattern, convinced Me that I am being

denied both telephone and electricity services

specifically because I am unable to provide a

Social Security Number, and specifically because

I refuse to apply for a Social Security Number,

for all of the many valid and verifiable reasons

which I provided to these three (3) organizations

in the document set attached to My cover letters.

See Exhibit D.


     Further this Affiant sayeth naught.


                    VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, a Citizen of

ONE OF the United States of America, hereby verify,

under penalty of perjury, under the laws of the

United States of America, that the above statement

of facts 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).

See Supremacy Clause.


Dated May 26, 1998


Respectfully submitted,

/s/ Paul Andrew Mitchell

Paul Andrew Mitchell, B.A., M.S.
Counselor at Law, Federal Witness,
Private Attorney General, and Candidate
for the U.S. House of Representatives

All Rights Reserved without Prejudice

[See USPS Pub. 221 for addressing instructions.]


                  Exhibit "A"


                                  5/21/98

TO:      Frank Cantu
         Community Action, Inc.

SUBJECT: application for
         electricity voucher


Dear Frank,

Attached please find a collection
of excellent documents which I
obtained from the Internet yesterday.
Please note on page 4 of 7 in
the case of Yeager v. Hackensack
Water Company, that public utilities
are subject to P.L. 93-579.  Here
is the pertinent sentence from that
case:

     "In certain situations, where
     there is a close nexus between
     the state and an action by a
     regulated entity, the action of
     the latter may be fairly treated
     as that of the state itself.  citing
     Jackson v. Metropolitan Edison
     Company, 419 U.S. 345, 351 (1974).


Thus, under subsection (b)
of P.L. 93-579, I believe I am
correct to request that either
you, or the local power utility,
do the following:


(1)  disclose whether SSN disclosure
     is mandatory or voluntary;

(2)  disclose by what statutory
     or other authority such number
     is solicited;  and,

(3)  disclose what uses will be
     made of it.


Please also be informed, as I told
you yesterday, that I currently
do not have a Social Security
Number assigned to me, and
I have strongly held religious
objections against ever obtaining
one.  Thus, the law does not
recognize impossibilities ("lex non
cogit impossibilia" in Latin).
I cannot give, what I do not have.


           VERIFICATION

I hereby verify, under penalty
of perjury, under the laws of the
United States of America, that
the above statement of facts 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).

Dated:  May 21, 1998

Signed,

/s/ Paul Andrew Mitchell

PRINTED:

    Paul Andrew Mitchell
    Citizen of Arizona state



                  Exhibit "B"


                                  5/21/98

TO:      Century Telephone
         Attention: Christen

SUBJECT: application for residential
         telephone service (1 line)


Attached please find a collection
of excellent documents which I
obtained from the Internet yesterday.
Please note on page 4 of 7 in the
case of Yeager v. Hackensack
Water Company, that public utilities
are subject to P.L. 93-579.  Here
is the pertinent sentence from
that case:

     "In certain situations, where
     there is a close nexus between
     the state and an action by
     a regulated entity, the action
     of the latter may be fairly
     treated as that of the state
     itself.  citing Jackson v.
     Metropolitan Edison Company,
     419 U.S. 345, 351 (1974).


Thus, under subsection (b)
of P.L. 93-579, I believe I am
correct to request that your
company do the following
no later than 5:00 p.m.
on Friday, May 22, 1998:


(1)  disclose whether SSN disclosure
     is mandatory or voluntary;

(2)  disclose by what statutory
     or other authority such
     number is solicited;  and,

(3)  disclose what uses will be
     made of it.


Please also be informed, as I told
your co-worker on the telephone
last Tuesday morning, that I
currently do not have a Social
Security Number assigned to me,
and I have strongly held religious
objections against ever obtaining
one.  Thus, the law does not
recognize impossibilities ("lex non
cogit impossibilia" in Latin).
I cannot give, what I do not have.


           VERIFICATION

I hereby verify, under penalty
of perjury, under the laws of the
United States of America, that
the above statement of facts is
true & correct, according to
the best of my current information,
knowledge, and belief, so help
me God, pursuant to 28 U.S.C.
section 1746(1).

Dated:  May 21, 1998

Signed,

/s/ Paul Andrew Mitchell

PRINTED:

    Paul Andrew Mitchell
    Citizen of Arizona state




                  Exhibit "C"


                                  5/21/98

TO:      San Marcos Utility
         City of San Marcos

SUBJECT: application for voucher
         from Community Action, Inc.


Dear Customer Representatives,

Attached please find a collection
of excellent documents which I
obtained from the Internet yesterday.
Please note on page 4 of 7 in the
case of Yeager v. Hackensack
Water Company, that public utilities
are subject to P.L. 93-579.
Here is the pertinent sentence from
that court case:

     "In certain situations, where
     there is a close nexus between
     the state and an action by
     a regulated entity, the action
     of the latter may be fairly
     treated as that of the state
     itself.  citing Jackson v.
     Metropolitan Edison Company,
     419 U.S. 345, 351 (1974).


Thus, under subsection (b)
of P.L. 93-579, I believe I am
correct to request that your
company do the following
no later than 5:00 p.m.
on Friday, May 22, 1998:


(1)  disclose whether SSN disclosure
     is mandatory or voluntary;

(2)  disclose by what statutory
     or other authority such
     number is solicited;  and,

(3)  disclose what uses will be
     made of it.


Please also be informed, as I told
Mr. Frank Cantu of Community Action,
Inc., that I currently do not have a
Social Security Number assigned
to me, and I have strongly held
religious objections against ever
obtaining one.  Thus, the law does not
recognize impossibilities ("lex non
cogit impossibilia" in Latin).
I cannot give, what I do not have.


           VERIFICATION

I hereby verify, under penalty
of perjury, under the laws of the
United States of America, that
the above statement of facts 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.
section 1746(1).


Dated:  May 21, 1998

Signed,

/s/ Paul Andrew Mitchell
    Sui Juris, Citizen of Arizona state

PRINTED:

    Paul Andrew Mitchell
    (one of the unnumbered people)


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Mitchell v. City of San Marcos et al.