Time: Sat May 10 07:29:39 1997
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Date: Sat, 10 May 1997 07:29:10 -0700
To: fwolist@sportsmen.net
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Article III Judges (not nomme de guerre)

<snip>
>
>Various post have given the false impression that a Federal Article III
>judge is vested with the Judicial Power of the United States. This is not
>true. If you read Article III sec. 1 of the Federal Constitution it clearly
>says the Judicial Power of the United States is Vested in certain Courts
>not the Judges of those Courts. What a patriot needs to do is establish he
>is in a Court in possession of the Judicial Power of the United States. Do
>this and the Judge is bound to follow the procedures of such a court. The
>condition that the Judge pays Income tax  is immaterial.


Objection.  This contradicts the holding
in Evans v. Gore, 253 U.S. 245 (1920).
C.J. Rehnquist admitted, before a class
of the University of Arizona Law School,
that ALL federal judges are currently
paying federal income taxes on their pay.
Why is that?  See "The Lawless Rehnquist"
in the Supreme Law Library at URL:

  http://www.supremelaw.com

which commemorates that fateful day at
the University of Arizona.

/s/ Paul Mitchell


 Social Security is
>voluntary, a judge can volunteer for anything you can. If a judge instructs
>his paymaster to give all of his salary to charity does this fall under his
>salary is diminished under Article III??


No, but it does when Congress compels
him to "CONtribute" a portion of his pay
to the IRS, pursuant to the Public Salary
Tax Act.  See also Lord v. Kelley,
240 F.Supp. 167, 169 (1965) for proof
that federal judges are subject to the
undue influence of the IRS.

/s/ Paul Mitchell


 In my opinion the patriots would
>be better off concentrating on establishing the Court than useless
>arguments about the judges compensation.


When the proper court is set, who is going
to preside and issue relief?  It is fairly
easy to convene the proper court:  just
use the correct caption, and cite the 
correct original jurisdiction.  Now, you
need a judge, don't you?  You are right
back where you started.  If the judge is
paying taxes on his (her) pay, I submit that s/he
is subject to the undue influence of the IRS, 
which undue influence has been admitted in
Lord v. Kelley supra.

/s/ Paul Mitchell



 A good case on a judges
>compansation is Collector v. Day [1870] 11 Wall. (78 US) 113, 122, 20 L.
>Ed.122
>"The salary of a state judicial officer cannot be taxed by the national
>government."
>

<snip>


========================================================================
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
========================================================================


      

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