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STATE OF UTAH, Ex Rel
Thomas B. Ginter, Jr., A Sovereign Citizen,
Kingdom of Heaven, Embassy of Heaven
8777 Basl Hill Road, Stayton Oregon
State of Heaven
10470 South Redwood Road #201
South Jordan, Utah
Sui Juris, Attorney Pro Se.
____________________State of Utah - Under Martial Law______________________
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STATE OF UTAH, Ex Rel., PETITION FOR WRIT
Thomas B. Ginter, Jr. OF
Sovereign Citizen, PROHIBITION
Petitioner, PURSUANT TO UTAH CONSTITUTION
ARTICLES I, IV, VI, VII, VIII, XXIII
vs. EXTANT 1972 YEARS ANNO DOMINI
WEST VALLEY CITY, (WVC), an Supreme Court Case No. ___________
Unofficial Municipal Corporation, A
Racketeer Influenced Corrupt Organization; West Valley City Case No. C 04 06941
WEST VALLEY CITY UNOFFICIAL |___________________________________
MUNICIPAL JUSTICE COURT; Keith L. Stoney, Unofficial Justice Court Judge; Darren Mower, Unofficial Police Officer; West Valley City’s unofficial Police Department, its Chief and all its unofficial officers; J. Richard Catten, Unofficial City Attorney; Nicole Cottle, Unofficial Deputy City Attorney; Carol Dain, Unofficial Assistant City Attorney; Ryan Robinson, Eric Bunderson, Clint T. Gilmore, J. Drew Yeates, Kristen Zimmerman, Unofficial Prosecutor and Unofficial Deputy Prosecutors; Jon M. Huntsman, Jr., Unofficial Governor; Gary R. Herbert, Unofficial Lieutenant Governor; Auston G. Johnson, Unofficial State Auditor; Edward T. Alter, Unofficial State Treasurer, Mark A. Shurtleff, Unofficial Attorney General; David E. Yocom, Unofficial District Attorney; Sherrie L. Swensen, Unofficial S.L. County Clerk. Aaron D. Kennard, Unofficial S.L. County Sheriff; Lee Gardner, Unofficial S.L. County Assessor; Chris B. Sorensen, Unofficial S.L. County Auditor; Larry W. Richardson, Unofficial S L. County Treasurer; Unofficial State Tax Commission; Pam Hendrickson, Chair, R. Bruce Johnson, Palmer DePaulis, Marc B. Johnson, Unofficial State Tax Commissioners;
D’ Arcy Dixon Pignanelli, Unofficial Director of Administrative Services;
Patricia Smith-Mansfield, Unofficial Director Division of Archives;
75 Unofficial Representatives, Unofficial Members of Utah’s Legislature
29 Unofficial Senators, Unofficial Members of Utah’s Legislature
Unofficial Members of Utah’s Unofficial State Bar;
Respondents.
________________________________________________________________________
State of Utah, Ex Rel., Thomas B. Ginter, Jr., a sovereign citizen, hereby petitions the Utah Supreme Court for a Writ, or writs, of Prohibition prohibiting the above named Respondents, acting either for institutions or as individual persons and persons acting under their unofficial directions or unlawful orders, from unofficially exercising or attempting to exercise the functions of public office in the respective public offices indicated in the caption of the above entitled Petition, pursuant to Utah Constitution, Articles I, IV, VI, VII, VIII, and XXIII, Utah Code sections 52-1-2, 52-2-3. 52—1-4, 52-2-1, and 76-8-203.
The above named entities and individuals acting in combination are falsely accusing or supporting the accusations against the relater, Mr. Ginter, of crimes against the State of Utah or subdivisions thereof, which he has not committed; and they are violating the oath of office, election, counterfeiting, gold and silver Coin provisions and other provisions of the Constitution and laws of the United States and the Constitution and laws of the State of Utah, including the falsification of public and private records and accounts. Their criminal acts are misdemeanors and felonies.
In committing these violations of our Constitutions and laws, Respondents have deprived the Petitioner, State of Utah ex rel., Thomas B. Ginter, Jr., relater, of equal rights granted by our Creator and guaranteed, protected and secured to each of us by the Constitution of the United States and the Constitution of this State: To Wit.
DEPRIVATION OF GUARANTEED
RIGHTS
Respondents have, without due process of law or equal protection of the laws, by armed force deprived relater of the control and use of a 1988 AD model maroon or burgundy colored Toyota Corolla Deluxe Sedan motor vehicle, vehicle identification or serial number JTZAE 92E7J3015F88. This is a deprivation of relater’s right to control and use property. Also it is a deprivation of his right to travel, a life, liberty, property and pursuit of happiness right, all self-evident rights.
“We hold these truths to be self-evident, that all men are created equal and are endowed by their Creator with certain unalienable rights, among these are the right to life, liberty and the pursuit of happiness.” Declaration of Independence July 4, 1776 AD
The vehicle was taken without notice, without a hearing, without a probable cause oath sworn before an official magistrate or judge and without a search or seizure warrant, thereby depriving relater of safety in his person, house, papers and effects, leaving him stranded on the street without transportation miles from his place of habitation, and in greatly weakened physical condition with extreme difficulty in walking. Relater has been deprived of the control and use of this motor vehicle, contrary to law, for five months and fourteen days, or one hundred sixty-five (165) consecutive days.
The relater has been harmed in his person, in his reputation and in his property, and has been threatened with further loss of his liberty for failure to comply with the unlawful orders of the unofficial justice court judge, Keith L. Stoney, and Darren Mower, who work for two racketeer influenced corrupt organizations; West Valley City and the West Valley City Police Department, and in this matter for the Unofficial Utah State Tax Commission, and the unofficial commissioners thereof.
Pursuant to the Constitution of the United States and the Constitution of the State of Utah there are two types of public office, elective or appointive. Every person in order to hold a valid title to a pubic office must before entering upon the duties of the office take and subscribe the oath of office required by the United States Constitution and the first law enacted by Congress under the Constitution, 1 Stat. 23, Sections 1 through 5. These are federal requirements for those offices affected thereby as enumerated in Article VI and in 1 Stat. 23. The President of the United States is exempted from this oath because of the oath he is required to take under Article II of the Constitution. Therefore this case arises under Article VI, of the United States Constitution and the United States Supreme Court has original jurisdiction should this Supreme Court of Utah refuse to hear the case.
The Utah Constitution makes it mandatory for every person elected or appointed to a public office in state or local government to take and subscribe the oath given in Article IV, Section 10, before entering upon the duties of the public office to which they were duly elected or appointed. This provision is made mandatory and prohibitory by Article I, Section 26. It is mandatory that the oath be taken and subscribed before performing the duties of the office. It is prohibitory to the exercise of the functions of a public office before the person elected or appointed performs the duties of such office. Whereas the federal oath is statutory, the Utah oath is in the Utah Constitution, pursuant to the federal statute, which as a law made pursuant to article VI of the US Constitution, is the supreme law of the land, and the judges in every state shall be bound thereby, notwithstanding any thing in the Constitution or laws of any state to the contrary.
We see from this that no person can be a judge unless bound by oath to uphold the Constitution of the United States. No person can be a federal judge unless he receives undiminished compensation.
No person can be president of the United States unless he receives a compensation which can neither be increased nor diminished during the term for which he shall have been elected.
No person can be a member of Congress; either as a representative or a senator who has his compensation vary for the term for which he shall have been elected. There must be an intervening election for a re-elected member to have his compensation increased or decreased.
Whereas Congress does not mint gold and silver coin for the states to use, the States have only limited amounts of lawful money to use, and the States cannot be allowed or compelled to use any Thing but gold and silver Coin of Standard regulated value.
The Constitution of the United States reserves to the States the right and power to make gold and silver coin a Tender in Payment of Debts, but prohibits the States from making any Thing but gold and silver Coin a Tender in Payment of Debts. Congress cannot compel the States to use any Thing but gold and silver Coin as lawful money of the United States, nor can they allow the States to make any Thing but Gold and Silver Coin a lawful tender in payment of debts.
Coin, credit and circulation are the three required elements of a money economy. If there is no coin, there can be no credit. If there is no coin there can be no circulation. Remove the gold and silver from the coin and you have no tender in payment of debt. If there is no obligation to pay gold and silver coin, there is not any debt to be paid.
Congress can not incur debt without either borrowing gold and silver coin, or promising to pay gold and silver coin for whatever it contracts to pay. First Congress tried to remove the gold coin clause in its money contracts, and then it tried to remove the silver coin from its money contracts, and removed the promise to pay from its contracts. When a contract has no obligation, there is no contract. There cannot be an obligation of a contract where no contract exists. This is made clear under the statute of frauds.
If the relater in this petition is not required to pay gold and silver coin for a license plate then he is not required to obtain a license plate. No State has any power to demand any thing but gold and silver coin as a payment of any debt or money obligation. If these people who claim to be public officials are attempting to lay and collect taxes in any thing but gold and silver coin, they are not acting with the power of the State or any political subdivision thereof, but are usurping impostors, and are to be resisted by all means and at all costs.
Not a single person in West Valley City, the justice court thereof, the police department or the city attorney’s office is complying with an oath of office to support obey and defend the Constitution of the United States, or the Constitution of this state or to discharge the duties of office with fidelity.
Why do they think they can take an oath to support, obey and defend gold and silver coin as the only lawful money and tender in payment of debts and then violate their solemn oath, or how can they exercise the functions of a public office when they have not taken, subscribed and filed their required certified oath of office?.
The Petitioner, State of Utah ex rel., Thomas B. Ginter, relater, have not consented, and do not consent, to be governed by oath breakers or by law breakers, and hope that the day never comes when they will consent to be governed by such law breakers and oath breakers.. Many of the founders of this nation gave their lives and their fortunes and pledged their sacred honor to sustain the Declaration of Independence and make the United States a free nation under their Creator. But their descendants and inheritors of this land have frittered away the blessings of liberty for that which has no value--falsely made federal reserve notes and falsely made copper coated zinc and copper-nickel coins made with intent to defraud without any lawful money value in them and pretended huge amount of fictitious-worthless bank credit based on fractional reserves of nothing.
Ludwig Von Mises, put it well when he stated in Argentina, “The financial Policy of the United States is insane.” “A wealthy nation can be foolish longer than a poor nation.” This insane foolishness has made the United States the greatest debtor nation on earth, reported at 7.77 trillion in false dollar obligations and securities of the United States and the Federal Reserve Banks and member banks. Neither the State of Utah nor the relater can be compelled by any power on earth to advance any money or fees to a public office in order to received the rights guaranteed in Article I, Section 12 of the Utah Constitution. Neither a State statute nor a Supreme Court of Utah court rule may supersede the Constitution. Such a rule is repugnant to the Utah and United States Constitutions. Marbury v. Madison, 5 U.S. 137 (1803) 5 U.S. 137 (Cranch).
The unofficial justices in this court and the other unofficial judges in all the other “courts” may have been fooled and deceived by these racketeering activities, subversion, seditious conspiracy, rebellion, insurrection and treason, but the Petitioner, State of Utah ex Rel, Thomas B. Ginter, Jr., is not so deceived. Perhaps, like you, the relater was once deceived, or acted under the influence of a misdirected and foolish propensity of patriotism towards obedience to unofficial and corrupt government usurpers, and, who, for too long, followed wayward leaders. But life is too short to follow them anymore down the road to local, county, state, national and personal destruction. Almighty God forbids it.
Live or die, The State of Utah and the relater will stand for liberty under the Constitution. And you, my brothers and sisters, will stand with me in the cause of liberty or forfeit your indefensible misguided claim to public office. Every unofficial record you make against your fellow citizens increases the judgment against you that will be made by your Eternal Judge, even our Lord and Savior, Jehovah or Jesus Christ. Amen.
You all know you have not upheld that law which is constitutional but have all gone astray, and have replaced justice with injustice, good with evil, honesty for dishonesty. I am ashamed of the prophet leader, President Gordon B. Hinckley, because he supports you in your wickedness and iniquity, and assists you in the falsifying of public accounts and records, and operates the Lord’s kingdom on this earth with counterfeit coins and counterfeit securities made with intent to defraud, and worse than just being led astray, he knows that he is upholding this corruption of government and the secret combination of Skull and Bones to which George W. Bush belongs.
Ninety nine percent of the voters in last year’s unofficial, fraudulent and false election, voted for a member of Skull and Bones, a secret society of some of the wealthiest and most influential people in America. They, with their affiliated secret societies, control the debasing of the current coin of the United States. They create their false money out of nothing and steal the labor of the people who will work for their counterfeit notes and coins and fictitious credit. That is not the way to maintain individual liberty and free government and is not the way God has commanded us to live. This is certainly not living by the golden rule. It is not right that one person should be in bondage to another. Therefore the world lies in sin.
The Constitution and constitutional laws forbid the State of Utah and the relater herein, to live that way, and they forbid you to live that way or compel anyone to live that way. Those of us living today have betrayed our Founding Fathers. And the people in West Valley City and other respondents are trying to compel me into their false and fraudulent scheme to defraud the State of Utah and the relater of their absolute right to gold and silver coin, and the right to control and use property, and to dedicate it or consecrate it to our Father in Heaven without molestation as promised to all the people in the State of Utah so all may be equal in the kingdom of Heaven. If we are not equal in earthly things we cannot be made equal in heavenly things, God forbids it.
Oh how our blood ought to boil when we think of the high and mighty (unofficial) lawyers and judges, as they think of themselves, that have strayed far, so very far, away from that law which is constitutional and falsely act as righteous and noble lawyers and judges, receiving counterfeit money as bribes for their support of organized crime. Why do the “judges” who cannot have their compensation diminished allow the unofficial governor and unofficial legislators to give them worthless securities instead of gold and silver Coin? Why do the unofficial judges continue in their corrupt and evil way? Is it for the love of false money, power and gain, at the expense of the people they are supposed to protect? Why do these unofficial judges support the racketeering enterprises that are destroying Utah and the United States and the people thereof? 18 USC 1961-1965.
The Respondents in this petition are part of their racketeering scheme with liabilities for their racketeering activities reaching to 7.77 trillion in their false notes and false coins and fictitious credit schemes to defraud the United States and the people thereof, liable for treble damages, and they now steal more than 60 billion a month from foreign nations, besides causing wars and suffering and death. America has become one of the most evil societies in the world, and the deepest in debt to the moneychangers whom they uphold. The State of Utah and the relater are here to overthrow those evil and wicked moneychangers with all those who support them.
Will this wake you up to a sense of your awful situation or will you continue to be lulled away into your carnal security with false oaths, false officers, false coins, false credit, and false securities and false government. Remember, the adversary of our Father and our God, and His Beloved Son, Jesus Christ, will not keep his promises at the last day, he will leave you to your own devices before the judgment bar of our Great Jehovah.
With this petition is the evidence that is necessary to bring down all those who claim to hold public office but do not. The letter from the “Utah State Division of Archives” showing on the letterhead four names, Jon M. Huntsman, Jr., Governor, Gary Herbert, lieutenant Governor, D’ Arcy, Dixon Pignanelli, Department of Administrative Services Director, and Patricia Smith-Mansfield, Division of Archives Director is all false and fraudulent as is shown in the body of the letter. None of the people mentioned in the letter have filed the required oath of office with the secretary of state, Lawrence Rey Topham, or with the division of archives under an unofficial law which none of those named or referred to in the letter obeyed.
Attached to this petition, and made a part hereof of, by this reference, is the letter dated March 10, 2005 [AD], signed by Alan Barnett, Research Supervisor, and two letters from Lawrence Rey Topham, Secretary of State and Governor of the State of Utah directed to Patricia Smith-Mansfield at the division of archives. Where are the oath of office certificates for all of the unofficial legislators, and the unofficial executives, and all of those unofficially appointed by Mr. Huntsman, and by Unofficial Governor Olene Smith Walker, and unofficial Lieutenant Governor, Gayle F. McKechnie, who also failed to file the required oath of office certificates on or after November 5, 2005 AD? Also Michael O. Leavitt and Olene Smith Walker did not file oath of office certificates with the secretary of state on or in the Division of Archives within sixty days of January 1, 2001 AD, leaving the offices vacant and every act unofficial and void as a matter of fact and of law.
So what does this all mean? It means this: Those who have claimed they were the Governor of the State of Utah from 1989 AD until today, March 29, 2005 AD; all failed to file their oath of office certificates in the Executive department of the government of the State of Utah they claimed they to be heading. Christine M. Durham is in the very thick of this unofficial misconduct. She failed to file an oath of office as Chief Justice with either the secretary of state or the division of archives, so she left the office of chief justice vacant and had no right to run for re-election under an unconstitutional retention election provision, proposed by those who failed to file oaths of office for offices in the Utah Legislature from 1974 until the 29th day of March in the year of our Lord, Jesus Christ, 2005.
One of the most regrettable facts in this situation, is the 6th day of April, 2005, is the Lord’s two thousand and fifth birthday anniversary, and that day will come just three days after the 175th Annual General Conference of his Church concludes. How will the Lord feel about the First Presidency and the Quorum of the Twelve Apostles who are to be sustained by the leaders and members of the Church as prophets, seers and revelators, when they are upholding this great and far reaching conspiracy and corruption in the unofficial government of the State of Utah, and the United States of America.
THE RELATER IN THIS CASE, REPRESENTING AND SPEAKING FOR THE STATE OF UTAH, BEFORE THIS UNOFFICIAL SUPREME COURT OF UTAH, WITH ITS UNOFFICIAL JUDGES, AND UNOFFICIAL CLERK, PAT H. BARTHOLOMEW, WHO HAS NOT FILED THE REQUIRED OATH WITH THE SECRETARY OF STATE OR THE DIVISION OF ARCHIVES; HAS THE DUTY TO CONCENTRATE ALL OF THE RELATERS INFLUENCE TO MAKE GOLD AND SILVER COIN AND THE OATH OF OFFICE REQUIREMENTS, WHICH ARE SOUND, POPULAR; AND MAKE UNPOPULAR THE UNSOUND FALSE NOTES, COINS AND CREDIT AND FAILURE TO FILE OATH OF OFFICE CERTIFICATES REQUIRED BY BOTH OF OUR CONSTITUTIONS AND THE LAWS MADE IN PURSUANCE THEREOF.
It appears to the State of Utah, ex rel., Thomas B. Ginter, Jr., and those who agree with him, that none of the Respondents have either the inclination, the intent, the power or authority under the Constitution of the United States and the Constitution of the State of Utah, to grant the relief demanded in the Petitions for Writs of Quo Warranto and Prohibition presented to the unofficial judges and clerk of the Supreme Court of Utah, unless they cease their unlawful and unconstitutional persecutions and deprivations of rights, not only of the Petitioner, but of all the people of Utah, the United States and the kingdom of God on earth.
Therefore, it appears to the State of Utah, ex rel., Thomas B. Ginter, Jr., that our only hope for the relief demanded will come from our Almighty God through his chosen servant and true government official in the State of Utah, Lawrence Rey Topham, Secretary of State and Governor of the State of Utah, who was duly elected, and who did, take, and subscribe and file his certified oath of office certificate with the secretary of state of the State of Utah, and did deliver a duplicate original to the unofficial division of Archives and received a receipt sealed and dated by Michael A. Church on Friday the 14th day of January in the Year of our Lord and Savior, 2005 AD.
It is therefore, a just and true considered opinion, that the Petitioner is not subject to any of the Respondents, but my sole recourse is to rely upon the wisdom and blessings of the God of the kingdom of Heaven and to uphold his servant and my true government leader, Lawrence Rey Topham, in securing the rights guaranteed to the children of God by the United States and Utah Constitutions.
Respectfully, with Faith, Hope and Charity, submitted for filing in the Supreme Court of Utah on this 29th day of March in the year of our Lord two-thousand and five,
__________________________
Petitioner State of Utah, Ex Rel
Thomas B.Ginter, Jr.
Sovereign Citizen
Certificate of Service
I,
Petitioner State of Utah, Ex Rel., Thomas B. Ginter, Jr., hereby certify that I
delivered true and correct copies of the Petition to the unofficial justice
court, the unofficial judge thereof, and the unofficial city attorney and his
deputies and assistants in the civil and criminal divisions at their respective
offices located at or near 3600 South Constitution Boulevard in West Valley
City, Salt Lake County, State of Utah on this 29th day of March 2005
AD.
_______________________________________
Petitioner State of Utah Ex Rel.
Thomas B. Ginter, Jr.,
Sovereign Citizen