Time: Tue Mar 04 04:04:54 1997
	by primenet.com (8.8.5/8.8.5) with SMTP id XAA23431;
	Mon, 3 Mar 1997 23:43:29 -0700 (MST)
Date: Tue, 04 Mar 1997 03:52:42 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Lloyd Bentsen Writ of Prohibition
Status: U

Clients,

The Writ of Prohibition appended to the end
of this message was written, but never signed
or served.  Bill Benson changed his mind at
the last minute.  The facts and law are still
applicable, however, particularly during that
period when Bentsen attempted to occupy the
office of U.S. Secretary of the Treasury,
when he was prevented from exercising any
of the authorities of that office.  See details
infra.  I wrote this Petition for Extraordinary
Writ of Prohibition.

/s/ Paul Mitchell

p.s.  If you are getting double email messages
from me, that is due to the fact that I have
put all clients on my list of "friends" too.
Let me know, and I will remove you from "friends",
as long as we can remain friends.  In the future,
I will switch over to disjoint lists, and simply
itemize several lists in the "Bcc:" line.  Thanks!


At 01:22 PM 3/3/97 +0000, you wrote:
>Paul,
>On 13 Feb you sent an email "Your morning ruminations".  People v. United 
>states, application for intervention of right.....where you wanted to start 
>enumerating the damages the US has caused against the American People.  
>you said, reference a Proof of Claim Lloyd Bentsen never occupied the office 
>of secretary of the Treasury, therefore ALL actions of that Department were 
>ultra vires as long as he allegedly occupied that office.
>
>I am forwarding the attached in reference to Lloyd Bentsen's appointment.  
>Sandi said this is where she found it.  I haven't been there myself.
>Thought you would want to check it out.  Let me know.
<snip>
>
>Hi,
>To find Bentsen's appointment I went to:
>http://law.house.gov/2htm
>clicked on Presidential documents
>then to Presidential documents arranged by year and subject
>then to 1993 information
>then to Appointments, Nominations and Awards
>then to Nov.Dec 1992 and then to Treasury
>and there was Bentsen's appointment to Treasury Secretary.
>
>gopher://gopher.tamu.edu.70/00/.data/politics/1992/appt.1209
>
>I went through all of the other files for all of the years listed and
>didn't find Rubin's appointment, which I thought was very strange.
>
>Did you get a chance to read through Ivy's Affidavit 
>and see how she used the Bentsen info.? 
>Pretty interesting, don't you think?
<snip>

Petition for Extraordinary Writ of Prohibition
now follows (never served):

Bill Benson, Sui Juris
c/o USPS Post Office Box 550
South Holland, Illinois Republic, U.S.A.
(708) 596-3142

In His Own Stead




                           U R G E N T



            IN THE SUPREME COURT OF THE UNITED STATES




BILL BENSON,                 )  Number _____________________
ILLINOIS STATE CITIZEN,      )
Petitioner                   )
                             )            PETITION
        vs.                  )       for an extraordinary
                             )
                             )       WRIT OF PROHIBITION
LLOYD BENTSEN,               )
TEXAS STATE CITIZEN,         )      to prevent a violation
Respondent                   )    of the Constitution for the
                             )      United States of America
_____________________________)


TO:  Senator Lloyd Bentsen, Chairman
     Finance Committee
     United States Senate
     Washington, District of Columbia


     Jurisdiction and  venue are grounded by virtue of Article 3,

Section 2,  Clause 1 of the Constitution for the United States of

America, to wit:

     Section 2.  The judicial Power shall extend to all Cases, in
     Law and  Equity, arising  under  this  Constitution  ...  to
     Controversies ... between Citizens of different States ....

                  [Constitution for the United States of America]
                                 [Article 3, Section 2, Clause 1]


          Petition for Writ of Prohibition: page 1 of 6


                       STATEMENT OF FACTS

     Petitioner is currently a Citizen of the State of Illinois.

     Respondent is currently a Citizen of the State of Texas.

     Respondent is  also a public official elected to the Senate,

in the  Congress of  the United  States, Washington,  District of

Columbia.

     By virtue  of this  public office, Respondent represents the

People of the State of Texas.

     Respondent was  elected to  his current  Senate term  by the

People of Texas in November of 1988.  Respondent's current Senate

term expires at noon on January 3, 1995.

     Respondent  has   been  nominated  by  President-elect  Bill

Clinton for the Office of Secretary of the Treasury.  This Office

is a  civil Office  created under  the authority  of  the  United

States.   The emoluments  for this  office  have  been  increased

during the period between January 3, 1989 and January 3, 1995.

     In order  to enjoy  an office of honor and public trust, and

in order to receive any pay for services rendered in this office,

Respondent was required by law to complete and sign the following

"Oath of Office":

     I, Lloyd  Bentsen, do solemnly swear (or affirm) that I will
     support and  defend the  Constitution of  the United  States
     against all enemies, foreign and domestic;  that I will bear
     true faith  and allegiance  to the  same;   that I take this
     obligation freely, without any mental reservation or purpose
     of evasion;   and  that I will well and faithfully discharge
     the duties  of the  office on which I am about to enter.  So
     help me God.

     _____________________   ____________________________________
     (Date)                  (Signature)


          Petition for Writ of Prohibition: page 2 of 6


     Respondent did  sign and date this same "Oath of Office", as

required by  law, and  did file  same with the Office of Finance,

United States  Senate, Washington,  District  of  Columbia,  USPS

Postal Zone 20510.

     Having signed  this "Oath of Office", Respondent did thereby

enter a  written contract  to perform certain contractual duties,

first  and  foremost  among  which  is  to support and defend the

Constitution of the United States.

     Respondent did verbally execute this same Oath of Office, in

the presence  of witnesses,  upon occupying his current office as

United States Senator.


                        STATEMENT OF LAW


     Respondent's duty  to support the Constitution of the United

States is a lawful prerequisite to serving as an official elected

to the  Senate.   It is  also a prerequisite to receiving pay for

serving as  a Member  of the Senate.  This duty is clearly stated

in Article  6, Clause 3 of the Constitution for the United States

of America, as follows:

     The Senators  and Representatives  before mentioned, and the
     Members of the several State Legislatures, and all executive
     and judicial  Officers, both of the United States and of the
     several States,  shall be  bound by  Oath or Affirmation, to
     support this Constitution; ....

                  [Constitution for the United States of America]
                                            [Article 6, Clause 3]
                                                 [emphasis added]

     This duty  is also  specified in  the federal  statute which

defines the exact wording of the Oath of Office, as follows:


          Petition for Writ of Prohibition: page 3 of 6


     An individual, except the President, elected or appointed to
     an office  of honor  or  profit  in  the  civil  service  or
     uniformed services,  shall take the following oath:  "I, AB,
     do solemnly swear (or affirm) that I will support and defend
     the Constitution  of the  United States against all enemies,
     foreign and  domestic;   that I  will bear  true  faith  and
     allegiance to the same;  that I take this obligation freely,
     without any  mental reservation  or purpose of evasion;  and
     that I  will well and faithfully discharge the duties of the
     office on which I am about to enter.  So help me God."

                                  [5 U.S.C. 3331, emphasis added]

     The exact same wording of the Oath of Office is found on the

form entitled "Oath of Office, Payroll and Benefits Information",

which must  be signed  before an  elected Senator can receive pay

from the Office of Finance in the United States Senate.

     The United  States  Constitution  explicitly  prohibits  the

appointment of  Senators to  any civil Office under the authority

of the  United States, if such appointment occurs during the term

for which  the Senator  was elected  to serve in the U.S. Senate,

and if the emoluments for such civil Office were increased during

this same term:

     No Senator  or Representative  shall, during  the  Time  for
     which he was elected, be appointed to any civil Office under
     the Authority  of the  United States  which shall  have been
     created, or the Emoluments whereof shall have been encreased
     during such  time;   and no  Person holding any Office under
     the United  States, shall be a Member of either House during
     his Continuance of Office.

                  [Constitution for the United States of America]
                                 [Article 1, Section 6, Clause 2]
                                                 [emphasis added]

Other relevant authorities follow:

     A practice  condemned by the Constitution cannot be saved by
     historical acceptance and present convenience.

                    [U.S. vs Woodley, 726 F.2d 1328, 1338 (1983)]
                                                 [emphasis added]


          Petition for Writ of Prohibition: page 4 of 6


     It is  obviously correct  that no  one acquires  a vested or
     protected right  in violation  of the  Constitution by  long
     use, even  when that span of time covers our entire national
     existence and indeed predates it.

                       [Walz vs Tax Commission of New York City,]
                       [397 U.S. 664, 678 (1970), emphasis added]


                         REMEDY DEMANDED

     I pray this Honorable Supreme Court to order:

     (1)  that a  Writ  of  Prohibition  issue  upon  Respondent,

prohibiting him  from occupying  the Office  of Secretary  of the

Treasury at  any time  prior to  the expiration  of  his  current

Senate term, and

     (2)  that Petitioner  be awarded his costs and disbursements

in this action.


Presented this twenty-eighth day of December, 1992 Anno Domini.

/s/ Bill Benson
_________________________________________________________________
Bill Benson, Sui Juris                                     (Date)
Sovereign Petitioner At Law
All Rights Reserved Without Prejudice


          Petition for Writ of Prohibition: page 5 of 6


Acknowledgement
ILLINOIS STATE/REPUBLIC         )
                                )   Subscribed, Sworn and Sealed
COUNTY OF COOK                  )


     On this  ________________ day of December, 1992 Anno Domini,

Bill Benson  did personally  appear before me, and is known to be

the one described in, and who executed, the foregoing instrument,

and acknowledged  that he  executed the  same as his free act and

deed as a Citizen/Sovereign in this above named said State of the

Union.   Purpose of notary public is for identification only, and

not for granting jurisdiction to any government agency.




                            _____________________________________
                            Notary Public


          Petition for Writ of Prohibition: page 6 of 6


                             #  #  #


========================================================================
Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
email:       [address in tool bar]   : Eudora Pro 3.0.1 on Intel 586 CPU
web site:  http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best
             Tucson, Arizona state   : state zone,  not the federal zone
             Postal Zone 85719/tdc   : USPS delays first class  w/o this
========================================================================


      


Return to Table of Contents for

Supreme Law School:   E-mail