#6 Writ of Mandamus Ignored

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"ed curtis" ail.com>

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[email protected], edattheben [email protected], phproducts123@hotma [email protected], il.com, [email protected]

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Writ of Mandamus Wed, 12 Oct 2005 21:29:29 +0000

MADAMUS - The name of a writ, the principal word of which when the proceedings were in Latin, was mandamus, we command. It is a command issuing in the name of the sovereign authority from a superior court having jurisdiction, and is directed to some person, corporation, or, inferior court, within the jurisdiction of such superior court, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the superior court has previously determined, or at least supposes to be consonant to right and justice. Mandamus is not a writ of right, it is not consequently granted of course, but only at the discretion of the court to whom the application for it is made; and this discretion is not exercised in favor of the applicant, unless some just and useful purpose may be answered by the writ. This writ was introduced io prevent disorders from a failure of justice; therefore it ought to be used upon all occasions where the law has established no specific remedy, and where in justice and good government there ought to be one. Mandamus will not lie where the law has given another specific remedy. The 13th section of the act of congress of Sept. 24, 1789, gives the Supreme Court power to issue writs of mandamus in cases warranted by the principles and usages of law, to any courts appointed or persons holding office, under the authority of the United States. The issuing of a mandamus to courts, is the exercise of an appellate jurisdiction, jurisdiction, and, therefore therefore constitution constitutionally ally vested vested in the supreme supreme court; court; but a mandamus directed to a public officer, belongs to original jurisdiction, and by the constitution, the exercise of original jurisdiction by the supreme court is restricted to certain specified cases, which do not comprehend a mandamus. The latter clause of the above section, authorizing this writ to be issued by the supreme court to persons holding office under the authority of the United States, is, therefore, not warranted by the constitution and void. The circuit courts of the United States may also issue writs of mandamus, but their power in this particular is confined exclusively to those cases in which it may be necessary to the exercise of their jurisdiction. HTML Attachment [

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IN THE DISTRICT COURT FOR THE STATE OF

NORTH DAKOTA Ed Curtjs, sui juris ) Case No 09-04-C-00595 ) State of North Dakota children and families ) Servises

) )

WRIT OF MANDAMUS

) ) DEMAND FOR INJUNCTORY RELIEF STATE OF NORTH DAKOTA

) AND NULLIFICATION OF ) UNCONSTITUTIONAL BALLOT ) MEASURES PURSUANT TO

155 N.D. officials, Judges & Legislators ) ORIGINAL ARTICLE VII COURTS ) AND INVIOLATE CONSTITUTIONAL ) RIGHTS ) ) VIOLATION OF THE PUBLIC TRUST ) INTERVENTION ) HEARING DEMANDED Related Writ of Mandamus, Case No. 09-04_c-00595, NORTH DAKOTA Court and Writ of Quo Warranto filed in the United States DISTRICT Court I AM, Ed Curtis, sui juris before the court and for State of North Dakota natural person and family body ex rel, Children of God who is being deprived of constitutional rights in t he STATE OF NORTH DAKOTA courts and judicial system. IN VIOLATION OF THE PUBLIC TRUST the Persecutors are attempting to AMEND THE CONSTITUTION to ALLOW statutory violations of aggreived parties rights of due process of Law. These individuals are attempting to strip constitutional restrictions on government, to blatantly and openly violate said rights. These are methods and practices corrupt of Law, and this is an attempt to constitutionally justify this corruption, as the people are DEMANDING PROSECUTION of those who are usurping said constitution. These individuals are enacting a COUNTERFEIT GOVERNMENT VOID OF CONSTITUTIONAL DUE PROCESS OF LAW and DECEIVING THE PUBLIC FALSELY SWEARING AN OATH TO SUPPORT SAID CONSITUTION, AND TO SERVE AND PROTECT INNOCENT CITIZENS. The intent of such statutory legislation is blatantly prima facie evidence of the DECEPTION and EXPLOITATION that the STATE OF NORTH DAKOTA is enacting and intends to increasingly enforce against innocent natural persons, State Citizens in the Republic of North Dakota. The brazen deceit displays the true colors of the intent and agenda of this regime against the people. These constitutional changes are directly relevant to Case No. 09-04-C-00595 Ed Curtis, ex rel, vs STATE OF North Dakota, SOSCF, et al, as the STATE has used the methods as set forth in these affidavits to enact a war against the Curtis f amily body, having severely abused the rule of law by actively covering up evidence of STATE crimes and abuse in court, and criminally are using the same unconstitutional and vague rules to profit from the wholesale destruction of vulnerable North Dakota families and children. Mr. traitors and associates 1-1,155 are trying DECEITFULLY, under a facade of "victims rights", to make the rules conform to the already

established corrupted court practices, molding the Law to allow corruption, knowing that the statutues are NOT LAW, and attempting to constitutionally remove restrictions against such deprivation of rights, codifying the intent of a regime heretofore kept covert and a well kept secret, now exposed. We DEMAND INJUNCTORY RELIEF AND NULLIFICATION OF UNCONSTITUTIONAL MEASURES PURSUANT TO ORIGINAL ARTICLE VII COURTS AND INVIOLATE CONSTITUTIONAL RIGHTS. I DEMAND INJUNCTORY RELIEF TO PREVENT FURTHER INJURY AND DEPRIVATION OF RIGHTS. For the reasons and as set forth in the following sworn testimony to be accurate, truthfull and credible evidence before God, as stated, verified by volumes of court records of undisputed testimony, sworn admissions and confessions, court records that the herein named individuals are unlawfully conspiring and racketeering in the Best Interest of the STATE OF NORTH DAKOTA, no longer serving the public, but serving the STATE. AFFIDAVIT 1. The Corporate STATE OF NORTH DAKOTA, fictional entity represented by acting governor , and under Color of Law, is denying natural persons access to the protections of inviolate, God given constitutional rights. The herein named individuals have surreptitiously enacted a statutory scheme, consisting of bar members and STATE employees writing said statutes, voting them into "law" themselves or setting fort h arbitrary legislation before the public, with biased ballot titles, intentionally vague and misleading language to deceive and exploit unknowing citizens into thinking they are somehow being protected by said legislation. "The Constitution of these United States is the supreme law of the land. Any law that is repugnant to the constitution is null and void of law" Marbury v Madison, 5 US 137 "Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them." Miranda V Arizona, 384 US 436 "Officers of the court have no immunity, when violating a constitutional right, from liability. For they are deemed to know the law." Owen v Independence, l00 S. Ct. 1398 2. These individuals are enacting a provisional government, using a counterfeit "Amended Article VII" jurisdiction that was written to allow the legislature to statutorily change the constitution. This "Amended Article VII" has not been proven to have ever been ratified. Since l9l0 there has been a "layering" of "rules" and a "stripping away" of basic constitutional rights with m ore and more unlawful, vague statutory rules, s upplanting the language originally protecting God given c itizens rights to be free from excessive government intervention. This legislation is passed without knowledge or input from the public, who find it impossible to track the huge numbers of measures that are submitted. These "rules" are written in committees, with bar member attorneys and STATE agency representatives, all paid and licensed by the STATE, and are counseled by more bar member attorneys who serve as legislative legal counsel, also licensed by the STATE. Initiatives submitted for citizens oversight and due process are ignored, crowded out by m easures that are self serving to the agenda of the STATE OF NORTH DAKOTA provisional government and agenda. 3. This provisional government has enslaved natural State Citizens under Administrative Rules without the citizens knowledge of any such contract signed. The STATE claims such a thing as

"implied consent’, fraudulently and deceitfully restricting peoples constitutional rights as though they have committed a crime. The restrictions that are supposed to check and balance GOVERNMENT have been controverter completely, and innocent people are unlawfully being deprived of their civil rights in this corrupted system. . 4.. The Legislature, and in part icular ___________________________have violated their oaths to uphold the constitution, tr easonously denying access to said constitutional rights by allowing statutory usurpation; passing "rules" and "statutes" that are not Law. The STATE OF NORTH DAKOTA attorneys, agencies and elected officials submitted more than fifteen hundred bills to the legislature, a ploy to overwhelm and inundate the legislators, so that no time could be spent to scrutinize and allow public hearings, and measures written in self interest for profit to the agencies and STATE OF NORTH DAKOTA agenda, would be passed without citizen oversight. At the same time citizen initiated measures to establish citizen oversight and due process were completely ignored, left to die in biased committees. 4 After Legislators call these "victims rights" is, at the same time, changing the meaning of "victim" to be the STATE, and in all of the bills where it says "public through the prosecutor" is hogwash, and means now the prosecutor proceeds in ALL cases for the VICTIM STATE.......a FICTIONAL ENTITY and no natural person injured party. _______________________________________ pushed through these bills on The legislators own personal agenda, as many bills written for citizens rights, citizens oversight, and due process went unheard and com pletely ignored in the legislature and did not allow public scrutiny of intent r egarding these measures, nor has there been any hearings or public scrutiny of constitutionality before setting fort h these un-constitutional amendments before an uneducated public. "An unconstitutional act is not law; it confers no rights, it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed." Norton V Shelby County, 118 US 425

5. The media participates, and legislators ignore the underlying fact that at this time in NORTH DAKOTA the Supreme Court is allowing courts of no due process to strip basic rights from innocent citizens and these citizens have no opportunity for fair hearings or redress of grievances. The media and the judges do not inform but DECEIVE the people that they uphold an oath to support the peoples constitutional rights, and oath to protect and serve them. In fact, the STATE OF NORTH DAKOTA, Corporate entity, IS NOT "we the people", and IN FACT, has become the adversary of innocent free natural people. 6. For the Legislature to pass unconstitutional measures to the people for a vote is Trespass of Treason to the Constitution. All legislation that is in violation of constitutional rights is null and void of Law, and has no force of Law, yet STATE OF NORTH DAKOTA is routinely enforcing biased, prejudiced statutory "rules" as criminal penalties, incarcerating innocent people, falsely imprisoning people for f ines when there is to be no "debtors prison" in the United States, allowing counterfeit courts of no due process and no record; taking a citizens right to travel, unlawfully licensing and making this a privilege, then restricting this right to move freely as punishment for owing money to the STATE, and JAIL beyond that if one continues to "travel" as is his absolute right. The restrictions are supposed to be for GOVERNMENT but an unsuspecting public

deceived by self serving policies of bar m ember attorneys and judges in every square on the chessboard, in every branch of government, cr eating a "one hands group" and there is no checks and balances in place. IT HAS ALL BECOME ONE. Those in authority and judicial positions ar e "deemed to know the law" and are violating the public trust by exploiting vulnerable people for profit, and job security. These unlawful statutes allow the STATE OF NORTH DAKOTA to FRAUDULENTLY collect federal money to profit on state and federal levels for extortion and criminal deprivation of rights of innocent NORTH DAKOTANS "When a judge acts where he or she does not have jurisdiction to act, the judge is engaged in an act or acts of treason." US v Will, 449 US 200,216, 101 S Ct, 471, 66 L Ed2nd 392, 406 (1980) Cohens V Virginia, l9 US (6 Wheat) 264, 404, 5LEd 257 (1821) "Whoever having knowledge of the actual commission of a felony, cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, is guilty of the federal crime of misprision of felony" US Code, Title 18 "The claim and exercise of a constitutional right cannot be converted into a crime" Miller v US, 230 F 2nd, 486, 489 7. It is in this Light that Public officials exploit the misled public with a media campaign to paint every accused person as a criminal, needing services and jail space; once the STATE, a DA and a judge decide the fate ar bitrarily, using practiced and polished methods of deception against vulnerable people who often are not even charged with a cr ime. Once accused, and that accusation then is shredded into a number of "pieces", each now a separate crime with its own mandatory sentence, and in court every time a judge will say "we are not going to talk about THAT today, this is THIS case number and we will not talk about the original intent of that others judges decision, and the person is locked into a nightmare web of perpetuated fabrications that an attorney will not challenge. A series of of fers are made by the District Attorney, increasingly frightening options of m andatory sentencing if you dare to deny the accusations or fight f or your innocence. Representatives and officials have filed our jails with children, processed and rendered in courts of no Lawful jurisdiction and no due process. Those who are accountable directly for these corrupted courts, are treasonously and criminally destroying innocent people, are maliciously and with complete indifference to REAL constitutional rights of free people, and fully knowing for many years as this regim e has been tightening its grip. 8. Telling the unknowing people that they will lose "specified" constitutional rights if they vote no, for example In fact, if the people DO vote for these measures, they will have NO constitutional rights AT ALL, only biased statutory legislation for t he STATE, now made to appear constitutional, "faux" laws. This is a prime example of the controverter nature of the whole package of legislation. There are laws against vague wording specifically, and these individuals are fully knowing how vague statutes give District Attorneys and Judges wide latitude to m ake law from the bench and arbitrarily interpret widely different and biased decisions in favor of the STATE in the courtroom against vulnerable people, for profit. Man nix uses words like "dishonest misdemeanors" and "reasonable" instead of the lawful standard of "probable" cause as a burden of proof. The legislative legal counsel and attorneys in legislative positions KNOW how these vague "statutes" are manipulated to enslave the people and "eat out their substance" as the English King was doing when the Declaration of Independence Quo Warranto was declared. The other legislators

are DECEIVED by "experts" from agencies who base a "public need" on fraudulent, unfounded statistics, as is the whole. The governors and officials use gloatingly sounding programs that set in place this destructive agenda. The legislators do not have first hand experience to see the abuse that is being enacted on innocent people in North Dakota courts today. The only ones in the legislature with any court experience are bar members and former bar members, who again, will ALWAYS protect their brothers on the bar befor e they will aggressively defend a client. Part of the language states that any conflicting language contained in this constitution shall conform to these constitutional changes. This measure will effectively NULL and VOID EVERY CONSTITUTIONALLY PROTECTED RIGHT IN THE NORTH DAKOTA CONSTITUTION, AND VOID CONSTITUTIONAL RESTRICTIONS ON GOVERNMENT. This means that anything that contradicts these Unconstitutional measures FOR citizens rights will now "conform" to the changes. THE STATUTORY USURPATION WILL BE COMPLETE. 9. Another provision of these bills is to allow a judge to incarcerate people who have been accused BEFORE their trials. Representative officials do not address the fact that this will eliminate the right of the accused person to proceed sui juris, as this is impossible from jail, and forces the person to give over their rights to a STATE appointed attorney. Aggrieved Parties constantly hear judges and STATE official make reports of being "threatened" when confronted, even in court, and call this "dangerous" and "intim idating a public employee" or "intimidating or threatening a judge" if you try to ask questions. The STATE is protecting and producing criminals when these constitutional amendments been enacted. I would have been imprisoned as "dangerous" and "threatening" as this is what the STAT E defense has been in regards to me speaking the TRUTH about heinous crimes of STATE agents and elected officials. The absolute and direct intent of these measures is to criminalize whistle blowers, criminalize all advocates who "do not cooperate" and "make the system work". The public is misled, but some public officials are not, to the fact that this is the REAL INTENT of these bills, to prevent ANY confrontation of falsely accused to face their accuser or be allowed redress of grievances. This will completely, and CONSTITUTIONALLY destroy countless innocent people, giving more power than ever to prosecutors to exploit the f ear and threats they use to plea bargain. The plea bargain another Unconstitutional statutory scheme that MUST now be stopped. Just as With these measures, plea bargaining is said to "aid the courts By taking up the overload and saving money" with snake eyes say the attorneys and district attorneys who know how much the system is profiting from exploiting these masses of vulnerable innocent people. The creators of these measures exploit broad terms like "family violence", not telling the public that this includes "threats and intimidation" and makes specific allowances for lesbian violence - the language is KNOWINGLY and MALICIOUSLY GENERATED TO DECEIVE. These measures are biased and prejudiced in the extreme, with catch phrases like "dangerousness" favorites to pre judge innocent and falsely accused people wherein the Law requires lawful probable cause of a crime and a conviction - innocent until proven guilty, which is NOT being upheld at this tim e, and these measures will "allow" such rules to be unlawfully enforced, violating fundamental rights and liberties as well as conflicting with the US Constitution and Bill of Rights. 10. Another part of these measures allows the STATE to be the victim now, and no need for a "victim". Constitutionally, not only must there be a victim, but there must be an INJURED victim, and a CRIME committed and due process not violated in convicting the person, lawful warrants, probable cause, trial by jury and a NEUTRAL judge. What this is CONSTITUTIONALLY setting forth is that once the STATE ACCUSES a person, guilty is a foregone conclusion, jail before trial if

the person protests or demands their constitutional rights and dares to "not cooperate” and take "services" BEFORE BEING CHARGED OR GING TO TRIAL. Once a person is accused, the District Attorney will process the case as though there were a case, as he calls in his fellow STATE employed accusers to write reports to support his "case". The whole game at this time in Oregon is NOT THE TRUTH AT ALL, and in fact the courts block the truth of the defendants from being entered into the record to conceal their corrupt methods from the Appeals Courts and higher courts; THE OBJECTIVE IS TO WIN, and overzealous District Attorneys rewarded for malicious persecutions, will stop at nothing for "successfully completed cases". As is now occurring unlawfully, and these are attempting to make "lawful" practices of the courts, these measures violate the defendants absolute right to "face their accuser", allowing the District Attorneys to "build a case" without credible evidence, manipulate the trial, judges controlling jury questions (voire dire), instruct the jury and refuse the juries to be informed as to their absolute authority to judge the FACTS AND THE LAW and the JUDGE without credible evidence shred the one case into many parts with separate case numbers, now calling these "separate crimes" now the one accusation becomes m andatory sentencing "repeat offender" offenses, and the defendant then is offered plea bargains of guilt to lesser "crimes" to keep the whole unlawful arrest out of the court system, and out from under the scrutiny of the higher court, while all the judges and attorneys and STATE agents and employees keep the STATE rendering machine full speed ahead, profiting from federal "funding streams" to run a slaughterhouse in what used to be "Halls of Justice". 11. Yet another part of the language allows a District Attorney to demand a jury trial, eliminate "criminals" and those convicted of "dishonest misdemeanors" from sitting on juries and eliminating a unanimous conviction in murder trials. All of these unlawful and unconstitutional measures are designed to "eliminate the opposition" and strip com pletely the Rights of the innocent. The class of people that these measures are designed to exploit and prey on are vulnerable, low income, disabled, often already victimized by a system in which they cannot afford to "keep up". The attorneys, agencies and legislators who wrote these measures ar e using "nuisance" ordinances, often in courts of no record, to create reports that record "repeat criminal offenses" to give an appearance that criminalizes the individual, and this database follows the person for life, with STATE agencies often using unfounded allegations twenty years old on many generations of a family and extended family members. Most all North Dakota government and prison officials admit that at least 75% of the prisoners in North Dakota are NON VIOLENT OFFENDERS and that ADULTS lose their children in JUVENILE COURTS, yet these corrupted practices continue unabated, with huge extortion of the people and profit for the STATE and STATE employees and elected officials. The increasing restrictions of these unlawful rules criminalize vulnerable people, criminalizing them when they cannot pay fines, harassing them with "nuisance ordinances" to get everyone in the databases for the STATE. Once in the databases, the children, families, accused people are assessed and prejudicially "adjusted" by a STATE employee who has adjudged them guilty on vague allegations, criminally enforcing unlawful removal of children and incarceration, often with the STATE CHARGING NO CRIME. Mr. Man nix recently was quoted to say that family advocates and constitutional defenders are "nothing more than friends and family of criminals". He also was reported to say that "he could go along with the on the jury convicting the m urderer, but I have a problem with the one who holds out". These are examples of the EXTREME ARROGANCE AND BIAS of these elected officials and the EXTREME CONTEMPT FO R THE CITIZENS, the TRUE COLORS OF THS REGIME EXPOSED FOR ALL TO SEE. The reason

Man nix and friends do not want "criminals and dishonest misdemeanors" on juries is that the only people who are really aware of the corrupted courts ARE the "friends and families of criminals" who are in the courtroom s when the judges and attorneys enact their render and destroy game without due process, arbitrary vague and widely interpreted rules from the bench and absolutely VOID of LAW. Man nix does not want people on juries who know what the courts are doing, nor do judges allow informed jury information at this time in criminal trials, keeping the public misled and unaware of their absolute authority to JUDGE THE FACTS AND THE LAW.... 12. Yet another part of this legislation violates fundamental constitutional rights and liberties to be free from unlawful self incrimination. In that these changes also make the STATE the "victim", using the phrase "public through the prosecutor". THIS STRIPS ACTUAL PEOPLE OF THEIR HUMANITY, as the STATE is a fictional entity represented by a revolving group of actors who defend the STATE against the citizens. (210 Assistant Attorney Generals paid with taxpayer money to commit these abuses). These measures allow the STATE to accuse with unfounded petitions, no lawful warrants or credible evidence for probable cause of a crime and an injured party, then force the accused to testify against himself. Mr. Man nix states this "will help in gang and conspiracy cases" when at the same time North Dakota officials are COMMITTING RACKETEERING AND CONSPIRACY against INNOCENT PEOPLE . Its agents and elected officials ARE CONSPIRING TOGETHER to prevent corrupt practices of the STATE judicial, executive and legislative branches from being exposed, and these measures are desperate attempts to somehow stop those who are exposing said crimes, attempting to color this obscene corruption, unable to be too obvious or risk exposing their criminal intents. By cloaking such restrictions in the name of "victims rights" and pretending that the STATE OF NORTH DAKOTA is the people, the government is DECEIVING the public willfully and with complete indifference to rights of the people and in violation of oaths taken to PROTECT AND SERVE the PEOPLE, NOT THE STATE OF NORTH DAKOTA PROVISIONAL GOVERNMENT.. These individuals have TREASONOUSLY and MALICIOUSLY with self interest controverter the North Dakota Constitution, and "all petitions for redress have been ignored or met only with further injury:" These measures are in direct contradiction to the Bill of Rights and the Spirit and Intent of the Constitutions. NOTHING can be taken from FREE, NATURAL PERSONS who have never committed a CRIME, and the unlawful enforcement of this statutory "scheme" has restricted countless persons, destroyed countless families and children, being enforced even though VOID OF LAW. Therefore, Let the Government of the State of North Dakota be hereby NOTIFIED that to allow such criminal and unconstitutional legislation to go forth, unchecked by Executive, Legislative or Judicial Branch authorities, that deprives North Dakota natural persons their families of inviolate fundamental rights, is to KNOWINGLY and WILLFULLY AND WITH COMPLETE INDIFFERENCE TO THE RIGHTS OF THE CITIZENS, OR YOUR OATHS OF OFFICE COMMIT TRESSPASS OF TREASON TO THE CONSTITUTION, AND MISPRISON OF FELONY IN YOUR PERSONAL CAPACITIES, AS MANDATED BY LAW FOR SUCH CRIME, for KNOWINGLY allowing innocent people to suffer and be injured. ‘Silence can only be equated with fraud when there is a legal or moral duty to speak, or when an inquiry left unanswered would be intentionally misleading.....We cannot condone this shocking conduct....If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately." US vs Tweel, 550F2d 297,299-300

All statements herein are TRUE, AUTHENTIC, accurate sworn testimony, before GOD, as stated. Aggrieved Parties expect IMMEDIATE INTERVENTION and PROTECTION by the Government and the Court, being the Original Court of Authentic Judicial Process and Constitutional common law jurisdiction according to the Original North Dakota Constitution and United States Constitution. All authorities who do not ACT to prevent further injury are fully accountable in their official and their individual capacities for damages, and are committing TREASON and Misprision of Felony by aiding and abetting this unconstitutional regime, and the Petitioners ex rel expect Relief and Redress of Grievances from these increasingly unlawful, restrictive, dangerous and potentially explosive repressions and from further constitutional deprivations. DATED THIS ________________________ ___________________________________ Edward D. Curtis sui juris

#6 Writ of Mandamus Ignored

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