SUPREME COURT OF THE STATE
OF LOUISIANA
*****************
No.
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MICHAEL
E. DI ROSA
VS
DEPARTMENT
OF PUBLIC SAFETYAND CORRECTIONS
"a body corporate with
the power to sue and be sued "(La R.S Chapter 9§ 401 A)
Case Number F1681551
on the Docket of
First Parish Court Parish
of Jefferson
State of Louisiana
Joseph Responti presiding
EMERGENCY APPEAL TO THE
SUPREME COURT
STATE OF LOUISIANA
AND
WRIT OF MANDAMUS
****************************
A STAY ORDER IS
NECESSARY IN THIS MATTER
RESTRIANING THE DEPARTMENT
OF PUBLIC SAFETY AND CORRECTIONS
****************************
Priority
Filing Sheet
INDEX
Comes
now into court Michael E. DiRosa, a free and natural born Citizen of
the State of Louisiana, appearing in proper person, demanding all of
his rights under the Constitution of the United States and the Bill
of Rights.
JURISDICTION
Jurisdiction rests
in this honorable court by virtue of Article V section 5(D)(1) of the
Louisiana Constitution
"(D) Appellate Jurisdiction. In addition to other appeals provided
by this constitution, a case shall be appealable to the supreme court
if (1) a law or ordinance has been declared unconstitutional..."
It is this
Defendant that has declared Article VII Section 5 of the Louisiana
State Constitution as unconstitutional. It is this Defendant that
has declared Louisiana Revised Statutes, Chapter 9 entitled
DEPARTMENT OF PUBLIC SAFETYAND CORRECTIONS as unconstitutional.
Since the State Constitution is silent upon whose declaration is
needed. The Declaration of this State Citizen and Defendant must
suffice. In fact, who better to have a direct challenge than a
Citizens of the State?
JAILHOUSE DEFENSE
This appeal must be
considered a "jail house" appeal in that this appellant has been
incarcerated in a prison, without trial or due process of Law, by a
private corporation known as the Department of Public Safety and
Corrections. This prison is of such size that the bounding walls
describe the circumference of a circle whose diameter is the distance
that I can walk in a day, or half that distance if I maintain a
habitat, and does also include the property loss of time in transit.
I have been denied the use of any vehicle by which my right to travel
to pursue my happiness may be enjoyed (including bicycle and ridden
animal). My vehicle, of which I am the undisputed owner, has been
stolen, without due process of law and held for ransom to enforce my
confinement. In fact, should evacuation of the City of New Orleans
become necessary, I can not escape my prison without assistance.
There is even a penalty for traveling further than the bounds of my
prison. I must either beg or pay a licensee of the private
corporation known as the Department of Public Safety and Corrections
and any corporation in the Insurance Industry to escort me. The
Supreme Court Law Library is outside of the confines of my prison, as
are most of my books, research and papers.
IGNORANCE OF THE LAW
This
defendant does rebut the presumption that this Defendant does know
and understand the law. This Defendant has little better than a high
school education and has had no formal training in law and is barely
competent in the use of colloquial English and has had no formal
training in the dialect of the English language known colloquially as
legalese. This Defendant does even rebut the presumption of
knowledge of the law as this State has mandated the high school
curriculum and has not seen fit to include even the basics of law
therein. Hence, the State is culpable in my ignorance of law.
Considering the culpability of the State in my ignorance of law, I do
challenge the presumption that I know and understand the law as no
such instruction is available in the State's own schools. On what
facts can this presumption of law rest?
STATEMENT
OF THE CASE
This is
simply a property dispute . I do claim that I possess allodial
ownership of my vehicle. The Department of Public Safety and
Corrections does claim to be enforcing the rules of the legal holder
of an admiralty lien on the same vehicle and has exercised its
contested right of ownership and has taken the vehicle from me, with
the personal property contained therein, without any process of law
for failing to follow the rules of the owner of the vehicle. I do
claim that Article VII Section 5 of The Louisiana State Constitution
entitled "Motor Vehicle License Tax" is unconstitutional. It is
this article of the Louisiana State Constitution that does create the
unconstitutional lien on which the Department of Public Safety and
Corrections does rely. The Department of Public Safety and
Corrections illegal possession of the Certificate of Origin on this
vehicle is proof of their claim of right of enforcement.
The
questions properly before this Court is who is the owner of the
vehicle, and the personal property contained therein, and is the
State a party to this action? Surely, if the admiralty lien is
declared unconstitutional, then the State of Louisiana has never been
a party and the private corporation known as the Department of Public
Safety and Corrections has been enforcing a nonexistent lien.
The
private corporation known as the Department of Public Safety and
Corrections has perpetrated a long list of complaints against this
State Citizen, twice stolen his vehicle and held it for ransom, put a
bounty on his head and had him incarcerated in prison, by officers
known as the Jefferson Parish Sheriff Office, instituted numerous
infamous charges against this State Citizen, dragged this State
Citizen into Court / administrative procedure despite a total lack of
standing and despite an open and notorious challenge to the cause of
action.
The
overseer of the State's plantation, the corporation known as the
Department of Public Safety and Corrections has, since the filing of
the challenge in the Supreme Court of the State of Louisiana, Docket
number 2007- KH – 0131, charged me with another set of infamous
crimes, again without standing and cause of action, in First Parish
Court of the Parish of Jefferson. (Case Number F1681551 on the
Docket of First Parish Court, Parish of Jefferson, State of
Louisiana, Joseph Responti presiding.)
Were
this not egregious enough, the private corporation known as the
Department of Public Safety and Corrections has violated its own
rules and will not allow me to ransom out my vehicle until such time
as I become a person bound to service for a term of years, not only
to their corporation, but also to any corporation in the insurance
industry.
The
abuses keep coming. Were I to acquire another vehicle and use it to
break the bonds of this walking distance prison, there is no doubt
that if caught in such act, I would again have my vehicle stolen,
with the personal property therein contained, and again held for
ransom or outright stolen completely with the clear danger of having
my person, again, incarcerated in what appears to be a federal
prison, by what appear to be federal officers, or the corporation's
own private police and again held until such time as I, again, have
my fingerprints and image stolen and used against me in an
investigation and tortured and held incognito until that time, then
forced to post bond for my release.
Hence, I
am being held prisoner in a prison that is little better than house
arrest. I can travel no further than the distance that I can walk in
a day, or half that distance if I maintain a habitat, without being
escorted by a person bound to service to the private corporation
known as the Department of Public Safety and Corrections and any
corporation in the insurance industry.
Should a
disaster, as unforeseeable as the flood, hurricane, chemical spill,
or reactor failure befall this area, I do remind this Court that my
emergency evacuation vehicle has been taken from me, without due
process of law by an act of what appears to be a federal officer
complaining on behalf and on the forms of the private corporation
known as the Department of Public Safety and Corrections. Am I to be
left to die or can I rely on the State of Louisiana, in its obvious
state of preparedness for such an event, to save a citizen illegally
incarcerated in this walking distance prison.
ISSUES AND QUESTIONS OF LAW PRESENTED
1)Article VII Section 5 of the Louisiana State Constitution is unconstitutional.
2)The Department of Public Safety and Corrections is illegally instituted by Chapter 9 of the Louisiana Revised Statutes.
BRIEF IN SUPPORT OF THE
POSITION THAT
ARTICLE VII SECTION 5 OF
THE
LOUISIANA STATE
CONSTITUTION IS
UNCONSTITUTIONAL
AND THE DEPARTMENT OF
PUBLIC SAFETY AND CORRECTIONS
IS ILLEGALLY INSTITUTED
There
can be no doubt that Article VII section 5 of the Louisiana State
Constitution entitled "Motor Vehicle License Tax" is
unconstitutional for the following reasons.
Article
VII section 5 of the Louisiana State Constitution entitled "Motor
Vehicle License Tax" is unconstitutional in that it is not
sufficiently clear to the average Citizen and voter. It is labeled
as a license tax when in actuality it is an admiralty lien and
privilege on vehicles and a tax on the license to use the vehicles,
with permission of the new owner. Vehicles have been stolen from the
Citizens, without compensation, by a bill of credit. It has, by
design, stripped every Citizen of the State the right to own property
of every kind and the right to travel. It has removed from the
Citizen of the State the right to travel by making it impossible to
own any vehicle by which the right to travel may be enjoyed
(including bicycle and ridden animal.) The overseer of the State's
plantation, the body corporate known as the Department of Public
Safety and Corrections, has been given tyrannical powers by the
Legislature by granting
to a private corporation, association, or individual any special or
exclusive right, privilege, or immunity in
violation of Article III Section 12(A)(7) of the Louisiana
Constitution.
"(7) Creating private corporations, or amending,
renewing, extending, or explaining the charters thereof; granting to
any private corporation, association, or individual any special or
exclusive right, privilege, or immunity." Article III Section
12(A)(7) of the Louisiana Constitution
Since the
right to travel has been stolen, State Citizens can not exercise the
right endowed by the creator to pursuit of happiness.
Article VII §
5 Section 5 does state:
$5. Motor Vehicle License Tax
Section 5. The legislature shall impose an annual license tax of not
more than one dollar per each one thousand dollars of actual value on
automobiles for private use based on the actual value of the vehicle,
as provided by law. However, the annual license tax shall not be less
than ten dollars per automobile for private use. On other motor
vehicles, the legislature shall impose an annual license tax based
upon carrying capacity, horsepower, value, weight, or any of these.
After satisfying the requirements of Section 9(B) of this Article,
and after satisfying pledges respecting that portion of the revenues
attributable to the tax rates in effect at the time of such pledges
for the payment of obligations for bonds or other evidences of
indebtedness and upon the creation of a Transportation Trust Fund
within this constitution, the revenues from the license tax on
automobiles for private use shall be deposited therein. In the event
no such trust fund is established in this constitution, the revenues
shall be used exclusively and solely as provided by law for the
construction, maintenance, and safety of the federal and state system
of roads and bridges, for the parish and municipal road systems, for
the operations of the office of state police, Department of Public
Safety and Corrections or its successor, and for the payment of any
obligation for bonds issued or indebtedness incurred in connection
with any of the foregoing, which bonds may be issued as revenue bonds
under Article VII, Section 6(C) of this constitution, subject to
existing pledges only as to that portion of the tax collections
attributable to the rates in effect at the time of such pledges for
the payment of any obligations for bonds or other evidences of
indebtedness outstanding on the effective date of this Section. No
parish or municipality may impose a license fee on motor vehicles.
Amended by Acts 1989, 2nd Ex. Sess., No. 28, $1, approved Oct. 7,
1989, eff. Nov. 7, 1989. Article VII § 5 Section 5 of the
Louisiana State Constitution entitled "Motor Vehicle License Tax"
Article
VII section 5 of the Louisiana State Constitution entitled "Motor
Vehicle License Tax" is unconstitutional in that it does force the
Citizens of the State into slavery and does also reduce them to bond
servants. It does create a tyrant of travel to which all must bind
themselves to service for a term of years or be imprisoned in a
prison whose bounding wall is the distance that one can walk in a day
or half that distance if a habitat is maintained, and including the
loss of time that is entailed. If this walking distance prisoner
must move beyond the bounds of the prison he must be escorted by a
slave /bond servant of the lord of travel.
"License Tax. A "license tax is one imposed on the privilege of
exercising certain callings, professions, or vocations, that when
collected go into the State treasury, and when applied to municipal
taxation, is termed license fees. 97 Ky, 401, 30 S.W. 974.
A "license tax" within the meaning of the constitution is
not a burden on property, but on that which results from its
enjoyment, or the conduct of the business or calling. 97 Ky, 395, 30
S.W. 974. " Bouvier's Law Dictionary 1914 version updated Pg. 711
"--License fee or tax. The price paid to governmental or municipal
authority for a license to engage in and pursue a particular calling
or occupation. See Home Ins. Co. V. Augusta, 50 Ga. 537; Levi V.
Louisville, 97 Ky. 394, 30 S. W. 973, 28 L.R.A.480." Black's law
Dictionary Third Edition Pg. 1112
There can be no doubt that
Article VII Section 5 is not a license tax by definition.
Privilege.
IN Civil Law. A right which the nature of a debt gives to a
creditor, and which entitles him to be preferred
before other creditors. Dalloz. Dict. Privilege; Domat,
Lois Civ. Liv. 2, t. 1, s. 4, n.1; 43 La. Ann. 1078, 1194.
Privilege is "a real right in a
thing (jus in re) springing from the nature of a debt which has been
contracted with reference to that thing, and securing the debt by a
preference on the proceeds of the thing when it is sold under legal
process." Howe, Stud, Civ. L. 86.
" A mortgage under the civil law is to all intents and
purposes what it is in equity in the English law or the law of
Connecticut, a security for a debt given by the agreement of the
debtor. But a debtor cannot, by his mere agreement, proprio vigore,
confer a privilege.
" If he contracts a debt, which by its nature has a
privilege under the law, then the privilege exists, as a method of
securing the debt. It inheres in the thing with reference to which
the debt has been contracted, follows it into the hands of third
persons (in the absence of some law of recordation providing to the
contrary), and as a rule would prime a mortgage of the same
property." Howe, Stud. Civ. L. 87.
" The one is legal : the other conventional. This former
is sometimes called by the civilians a privileged
hypothecation; the latter a mere hypothecation." Howe,
Stud. Civ. L. 88.
" The civil law privilege became, by the adoption of the
admiralty courts, the admiralty lien : Howe, Stud. Civ. L. 89: 19
How. 82, 90: 148 U.S. 1." Bouvier's Law Dictionary 1914 version
updated Pg. 981
There
can be no doubt that Article VII section 5 of the Louisiana State
Constitution entitled "Motor Vehicle License Tax" does create, by
admiralty lien, "a real right in a thing (jus in re) springing
from the nature of a debt which has been contracted with reference to
that thing", Bouvier's Law Dictionary (supra)
"...After satisfying the requirements of Section 9(B) of this
Article, and after satisfying pledges respecting that portion of the
revenues attributable to the tax rates in effect at the time of such
pledges for the payment of obligations for bonds or other evidences
of indebtedness and upon the creation of a Transportation Trust Fund
within this constitution, the revenues from the license tax on
automobiles for private use shall be deposited therein." Article
VII § 5 Section 5
"... and for the payment of any obligation for bonds issued or
indebtedness incurred in connection with any of the foregoing, which
bonds may be issued as revenue bonds under Article VII, Section 6(C)
of this constitution, subject to existing pledges only as to that
portion of the tax collections attributable to the rates in effect at
the time of such pledges for the payment of any obligations for bonds
or other evidences of indebtedness outstanding on the effective date
of this Section." Article VII § 5 Section 5
So in
this instance, Article VII section 5 of the Louisiana State
Constitution, the license that is being taxed is:
LICENSE
"A permission, accorded by a competent authority, conferring the
right to do some act which without such authorization would be
illegal, or would be a trespass or a tort." Black's law Dictionary
Third Edition Pg. 1110
If I
have this deciphered correctly. Article VII Section 5 is a tax on
the permission to use the vehicle that the State of Louisiana does
now claim to own by virtue of an admiralty lien securing a bill of
credit.
Is this
a bill of credit strictly prohibited by the Article 1 Section 10 of
the United States Constitution? Which states: "No State shall ...
emit Bills of Credit;..."
"-- Bill of credit. In constitutional law. A Bill or promissory
note issued by the government of a state or nation, upon its faith
and credit, designed to circulate in the community as money, and
redeemable at a future date." Black's Law Dictionary, third
edition pg 221.
Is there
a Bill or promissory note "for the payment of obligations for bonds
or other evidences of indebtedness" Article VII § 5 (supra).
Sure enough.
Is there
a "government of a state or nation, upon its faith and credit"
Article VII § 5 (supra)? Well it does say " After satisfying
the requirements of Section 9(B) of this Article" Article VII §
5 (supra).
(B) Bond Security and Redemption Fund. Subject to contractual
obligations existing on the effective date of this constitution, all
state money deposited in the state treasury shall be credited to a
special fund designated as the Bond Security and Redemption Fund,
except money received as the result of grants or donations or other
forms of assistance when the terms and conditions thereof or of
agreements pertaining thereto require otherwise. In each fiscal year
an amount is allocated from the bond security and redemption fund
sufficient to pay all obligations which are secured by the full
faith and credit of the state and which become due and payable
within the current fiscal year, including principal, interest,
premiums, sinking or reserve fund, and other requirements.
Thereafter, except as otherwise provided by law, money remaining in
the fund shall be credited to the state general fund. Louisiana State
Constitution Article VII Section 9(B) [emphasis added]
Does it
circulate in the community as money, and redeemable at a future date?
Obviously, because it is "for the payment of any obligation for
bonds issued or indebtedness incurred in connection with any of the
foregoing, which bonds may be issued as revenue bonds under Article
VII, Section 6(C) of this constitution, subject to existing pledges
only as to that portion of the tax collections attributable to the
rates in effect at the time of such pledges for the payment of any
obligations for bonds or other evidences of indebtedness ...."
Article VII § 5 (supra).
There is
not a criteria described in the definition of emitting a bill of
credit that this article does not fit nor a criteria missing. It is
the definition of a bill of credit which the State is expressly
prohibited from emitting.
Even if
it were conjectured that it is not actually the State of Louisiana
that emitted the bill of credit, could it be argued that an entity
created by the State could be endowed with more power than its
creator? The prohibition of Article 1 Section 10 of the United
States Constitution against emitting a bill of credit is clear, and
considering this current action, its inclusion into the United States
Constitution was intended to prohibit the very abuses of which I and
all State Citizens have been subjected, for it clearly prohibits
States from turning its Citizens from free persons into bond servants
as has been done in this instance.
Nor can
it be denied that the Legislature has sought to hide the evidence of
their deed, the evidence of the admiralty lien. Louisiana
Constitution
Ancillary Article 19 Section 19 does state (in part):
"Privileges on movable property shall exist without
registration of same, except in such cases as may be prescribed by
law." Louisiana Constitution Ancillary Article
XIX Section 19.
One can
not deny the skill of the fraud perpetrated upon its Citizens by
careful wording. It is no wonder that the Legislature of the State
of Louisiana did see fit to issue the warning: Forget what you think
you are authorizing, that is not what we said. It is not our fault
that you did not go to law school. It is not our fault that even the
basics of law are not taught until the doctoral level. We presume
that you understand law as well as a doctor of law. Is this not the
message of the Legislature of the State of Louisiana when it states
in La R.S. 1:4
"§4.
Unambiguous wording not to be disregarded
When the wording of a Section is clear and free of
ambiguity, the letter of it shall not be disregarded under the
pretext of pursuing its spirit." La R.S. 1:4
There
can be no doubt that Article VII section 5 of the Louisiana State
Constitution entitled "Motor Vehicle License Tax" does create an
admiralty lien on all private vehicles by bill of credit. Nor can
there be any doubt that the intention of this legal deception was to
deprive the Citizens of this State of their right to travel and
subject them to slavery on the plantation of the State and the
tyranny of its appointed overseer, the body corporate known as the
Department of Public Safety and Corrections. Louisiana Revised
Statute 32:25 does plainly confess to this fact.
"Nothing in this Chapter shall be construed to prevent the owner of
real property used by the public for purposes of vehicular travel by
permission of the owner, and not as a matter of right, from
prohibiting such use, or from requiring other or different or
additional conditions than those specified in this Chapter, or
otherwise regulating such use as may seem best to such owner." La
R.S. 32:25
This is
the core of this dispute. Who is the owner of this "real property
used by the public for purposes of vehicular travel by permission of
the owner." La R.S. 32:25 (Supra) I do claim to be the allodial
owner of this vehicle. Article VII, Section 5 of the Louisiana State
Constitution is unconstitutional. I am the allodial owner of the
vehicle, traveling as a matter of right. No State has ever had a
valid lien on my vehicle, admiralty or otherwise. The State of
Louisiana has never been a party to these actions for lack of
standing and lack of a cause of action. The corporation called the
Department of Public Safety and Corrections has been enforcing, what
it knows to be, an invalid lien, for profit.
The
State and the overseer of the State's plantation, the body corporate
known as the Department of Public Safety and Corrections does claim
the State to be the owner of this vehicle. The overseer of the
State's plantation, the body corporate known as the Department of
Public Safety and Corrections. has complained, on numerous occasions,
on its own form, filed by one of its own corporate militia known as
the State Police. and filed by, quite frankly, I don't know what
(Corporate like the State Police? State or Federal police?) the
militia known as the Jefferson Parish Sheriff's Office, claiming that
I had violated the "other or different or additional conditions
than those specified in this Chapter, or otherwise regulating such
use as may seem best to such owner." La R.S. 32:25 (Supra)
The
militia known as the Jefferson Parish Sheriff's Office, did seize my
vehicle, and the personal property therein contained, without due
process, on behalf of and as agent of the overseer of the State's
plantation, the body corporate known as the Department of Public
Safety and Corrections. The body corporate known as the Department
of Public Safety and Corrections has then refused to release my
vehicle, contrary to its own rules, until such time as I do
involuntarily bind myself to service for a term of years to their
corporation, and any corporation in the insurance industry and pay
the ransom on my vehicle and the personal property contained therein.
This
brings us to another of the few thing absolutely forbidden States by
the United States Constitution. Again Article 1 Section 10 of the
United States Constitution which States in part:
"No State Shall...; pass any bill of Attainder, ex post facto Law,
or Law impairing the Obligation of Contracts, or grant any
title of nobility." Article 1 Section 10 of the United States
Constitution [emphasis added]
Is it
not a fact that the obviously unconstitutional admiralty lien claimed
by the State and enforced by the tyrant corporate body known as the
Department of Public Safety and Corrections does compel a Citizen, by
threat, duress and coercion into contract, with imprisonment in a
walking distance prison or worse as the only other option. Not only
to contract with the body corporate, overseer of the State's
plantation, known as Department of Public Safety and Corrections but
also does compel a Citizen, by threat, duress and coercion into
contract with any corporation in the Insurance Industry. This, by
design and intent, did not only impair the obligation of Contract by
the use of threat, duress, coercion and imprisonment but it crossed
the line into slavery.
One has
only to look at the treatment of this Citizen by agents of the
overseer of the State's plantation, the Department of Public Safety
and Corrections, a body corporate. (Exhibits B, C, and D of the
original appeal). A bounty has been put upon my head, known as an
attachment. I have been arrested, incarcerated, threatened, beaten,
tortured, held incognito, forced to sign bonds, forced to surrender
my fifth amendment rights with my fingerprints and photo, my vehicle
has been stolen, with the personal property contained therein, I have
been transported beyond seas into admiralty court for pretend
offenses, illegally imprisoned in this walking distance prison,
charged with infamous crimes on only bills of information, by a
biased party, with dirty hands.
What is
my crime? What heinous act and "affront to the peace and dignity
of the same" does the overseer of the State's plantation charge
that has this State Citizen, charged with a multitude of infamous
crimes, in eminent danger of the loss of his life, liberty, and
property? This State Citizen has refused to submit to the tyranny of
the overseer of the State's plantation. This State Citizen has
demanded his unalienable right to pursue his happiness, and his right
to own the implements necessary to enjoy his right to travel in that
pursuit, as a free man. I have even had officers of the court and a
judge, obviously in collusion with the overseer of the State's
plantation, stay three trials challenging the jurisdiction of the
court, the standing and cause of action of the Plaintiff, until such
time as the Supreme Court rules on the challenges, and begin another
arraignment on the same charges in an effort to force this State
Citizen into a foreign jurisdiction and all in the same hour. Is
this the standard treatment of a uppity slave daring to claim his
rights? From my experience, yes. Can there be any doubt that the
Department of Public Safety and Corrections, a body corporate is
conspiring with others to hide the truth so that it can continue
enforcing, what it knows to be, an invalid lien, for profit? I can
say, from long experience, there can be no doubt. How else could one
explain the fact that judges, in one breath, ask: "Do you
understand the charges against you?" and in the next breath flatly
refuse to disclose in what court we stand and on what jurisdictional
grounds have I been forced here, at gun point, and on what cause of
action, and who and where is the plaintiff? Then adjudge, summarily,
that jurisdiction exists, the Plaintiff has a valid cause of action
and standing, and the Defendant does understand the charges against
him and force a plea, and jurisdiction, upon him. Pay no attention
to the Plaintiff behind the curtain. Has no doctor of law and
officer of the court, sworn to uphold the Constitution, noticed that
the right to travel seems to be missing?
Let us
take a look at the overseer of the State's plantation the Department
of Public Safety and Corrections
§401. Department of Public Safety and Corrections; public
safety services; corrections services; creation; domicile;
composition; purposes and functions
A. The Department of Public Safety and Corrections is created and
shall be a body corporate with the power to sue and be sued. The
domicile of the department shall be in Baton Rouge.
B.(1) The Department of Public Safety and Corrections, through its
offices and officers, shall have authority generally for the security
and physical safety of the citizens and property of Louisiana, the
enforcement of laws and regulations pertaining to criminal conduct,
automobile and highway safety, motor vehicles and drivers, and fire
protection. La R.S. Chapter 9 §401.
There
can be no doubt that the overseer is a "body corporate with the
power to sue and be sued." Nor can there be any doubt that it is
charged with the "authority generally for the security and physical
safety of the citizens and property of Louisiana, the enforcement of
laws and regulations pertaining to criminal conduct, automobile and
highway safety, motor vehicles and drivers."
There
can be no doubt that the overseer of the State's plantation is
enforcing the illegal lien on motor vehicles, the illegally claimed
property of the State of Louisiana. Nor can there be any doubt that
the criminal conduct is a tort or a trespass on the property of the
State.
LICENSE "A permission, accorded by a competent authority,
conferring the right to do some act which without such authorization
would be illegal, or would be a trespass or a tort." Black's law
Dictionary Third Edition Pg. 1110
The
Legislature of the State of Louisiana has used Article VII Section 5,
and the admiralty liens thereby acquired, to violate Article III
Section 12(A)(7) of the Louisiana Constitution, which prohibits the
Legislature from creating private corporations, or amending,
renewing, extending, or explaining the charters thereof; granting to
any private corporation, association,or individual any special or
exclusive right, privilege, or immunity.
"(7) Creating private corporations, or amending,
renewing, extending, or explaining the charters thereof; granting to
any private corporation, association, or individual any special or
exclusive right, privilege, or immunity." Article III Section
12(A)(7) of the Louisiana State Constitution
In Chapter 9 of the Louisiana Revised Statutes it does
just that in that it does create an empower a single person
(artificial) which it called the Department of Public Safety and
Corrections and through its offices and officers, shall have
authority generally for the security and physical safety of the
citizens and property of Louisiana, the enforcement of laws and
regulations pertaining to criminal conduct, automobile and highway
safety, motor vehicles and drivers, and fire protection. It also
empowered this person with the powers of the Legislative
branch of government, The Executive branch
of government and the powers of the Judicial branch, under the
Administrative procedures act, to enforce
its rules and regulations. The legislature did then not only give
this person the figurative gun barrel of
the government but did give them the actual gun
barrel of government in the form of the State Police to
enforce its exclusive powers, and did cloak them in a veil of secrecy
as a corporation exempt from the scrutiny of the public as would be
available if they were a simple government agency, and not a
corporation.
There can be no doubt that the body corporate known as
the Department of Public Safety and Corrections is unconstitutional
and in direct violation of Article III Section 12(A)(7) of the
Louisiana Constitution.
There can be no doubt that Article VII section 5 of the
Louisiana State Constitution entitled "Motor Vehicle License Tax"
is unconstitutional.
Article VII Section 5 of the Louisiana State
Constitution entitled "Motor Vehicle License Tax" does violate
the preamble and the following articles of the Federal Constitution
and Bill of Rights:
Preamble to the United States Constitution in that it
denies this Citizen of the State the Blessings of Liberty.
Article I Section 10 of the United States Constitution
in that it does impair the right to contract in that it does
compel this Citizen of the State into contract, thus
impairing his right not to contract, and refrain from equity
jurisdiction.
Article IV Section 2 of the United States Constitution
in that it does deny this Citizen of the State Privileges and
Immunities of the several States which include the
enjoyment of life and liberty, the right to possess property of
every kind, and to pursue and obtain happiness and safety, among
others.
Article I of the Bill of Rights in that it does deprive
this Citizen of his right to travel as a matter of right since every
means by which this person may travel has been
seized by the State, by way of an Admiralty lien, and
hence has denied this Citizen of his right to peacefully
assemble, and to petition the government for redress of grievance,
since these rights can only be maintained if
I can travel to such places.
Article I of the Bill of Rights in that it does
compel this Citizen of the State to become
surety for the debt of the State in violation of the
admonition of the Bible in Proverbs 22:26 which states " Be not
one of them that strike hands, or of them that are sureties for
debts." Thus denying this Citizen the freedom of religion.
Article IV of the Bill of Rights in that since the
State has claimed a real right in my vehicles it has denied this
Citizen of the State the right to be secure in my person, papers,
and effects against unreasonable searches and seizures.
Article V of the Bill of Rights in that it does deny
this Citizen of due process of law before being
deprived of my liberty and property.
Article V of the Bill of Rights in that it does take
my property for public use without just compensation, to be used
as surety for debts of the State.
Article VII of the Bill of Rights by compelling this
Citizen of the State into equity jurisdiction and
hence deny this Citizen the right to a Common Law trial by
Jury.
Article VII of the Bill of Rights by subjecting this
Citizen of the State to excessive fines.
Article VII Section 5 of the Louisiana State
Constitution entitled "Motor Vehicle License Tax" does violate
the preamble and the following articles of the State Constitution:
The preamble of the State Constitution in that it does
impair and not protect individual rights to life, liberty, and
property and does remove and not secure the blessings of freedom.
Article 1 section1 of the Louisiana State Constitution
in that it does impair and not protect the rights of the
individual.
Article 1 section 2 of the Louisiana State Constitution
in that it does deprive this Citizen of life, liberty, or
property, except by due process of law.
Article 1 section 3 of the Louisiana State Constitution
in that it does institute Slavery and involuntary servitude
which are prohibited.
Article 1 section 4(A) of the Louisiana State
Constitution in that it does deny this Citizen the right to acquire,
own, control, use, enjoy, protect, and dispose of private property.
Article 1 section 4(B) of the Louisiana State
Constitution in that it does take Property without just
compensation paid to the owner or into court for his benefit.
Article 1 section 4(C) of the Louisiana State
Constitution in that it does take Personal effects.
Article 1 section 5 of the Louisiana State Constitution
in that it authorize unreasonable searches and seizures.
Article 1 section 8 of the Louisiana State
Constitution in that it does compel this
Citizen of the State to become surety for
the debt of the State in violation of the admonition of the Bible in
Proverbs 22:26 which states " Be not one of them that strike
hands, or of them that are sureties for debts." Thus denying this
Citizen the freedom of religion.
Article 1 section 9 of the Louisiana State
Constitution in that it does deprive this Citizen of his right to
travel as a matter of right since every means by which this person
may travel has been seized by the State,
by way of an Admiralty lien, and hence has
denied this Citizen of his right to peacefully assemble, and to
petition the government for redress of grievance,
since these rights can only be maintained if
I can travel to such places.
There can be no doubt that the Article VII Section 5 of
the Louisiana State Constitution is blatantly unconstitutional. Nor
can there be any doubt that the body corporate known as the
Department of Public Safety and Corrections itself has been illegally
instituted as the overseer of the State's plantation and slaves /
bond servants.
It is hereby prayed that the Supreme Court of the State
of Louisiana will do its duty and obligation and declare Article VII,
Section 5 of the Louisiana State Constitution unconstitutional and
void from its inception.
It is hereby prayed that the Supreme Court of the State
of Louisiana will do its duty and obligation and declare that the
corporate body known as the Department of Public Safety and
Corrections has been illegally instituted.
It is hereby prayed that the Supreme Court of the
State of Louisiana will do its duty and obligation and order the
corporate body known as the Department of Public Safety and
Corrections to return to this Citizen of the State, Michael E.
DiRosa, and all Citizens of this States, and all Citizens of other
States, and aliens, the vehicles, with the personal property
contained therein, it has illegally stolen, at the cost of the
Department of Public Safety and Corrections.
It is hereby prayed that the Supreme Court of the
State of Louisiana will do its duty and obligation and order the
corporate body known as the Department of Public Safety and
Corrections to cease all prosecutions, in any court or administrative
procedure, against Michael E. DiRosa, and any Citizen of this State,
Citizens of other States, or aliens.
It is hereby prayed that the Supreme Court of the
State of Louisiana will do its duty and obligation and order the
corporate body known as the Department of Public Safety and
Corrections, as overseer of the State's plantation, to cease all
enforcement of the illegal lien claimed by the State, against Michael
E. DiRosa, and any Citizen of this State, Citizens of other States,
or aliens.
It is hereby prayed that the Supreme Court of the
State of Louisiana will do its duty and obligation and order that a
knowledge of the law can no longer be presumed until such time as the
basics of law are taught in high school, and a bachelor's degree in
law is instituted and widely available.
I do hereby swear
that the above is true and correct to the best of my knowledge this
2nd day of April, 2007
_________________________________
Michael E. DiRosa
C/O
318 Lakeshore Pkwy.
New
Orleans, Louisiana 70124
504 – 304 – 0515
WRIT OF
MANDAMUS
Comes
now Michael E. DiRosa, a Citizen of the State of Louisiana, to move
this honorable court to issue an order to the Department of Safety
and Corrections and the Parish of Jefferson to return to Michael E.
DiRosa the vehicle and personal property illegally seized from him,
and further order the Department of Public Safety and Corrections, as
overseer of the State's plantation, to withdraw all complaints
against Michael E. Dirosa, in any court or administrative procedure,
until such time as ownership of the vehicle can be determined.
On the
21st day of December, 2006 Michael E. DiRosa was stopped
in the parking lot of Toys R Us toy store for not displaying a
license plate. Pursuant to an interrogation by the officer with no
counsel present it was determined by the officer that there was an
attachment issued by First Parish Court for the Parish of Jefferson
and this Defendant was arrested. It was also determined that the
vehicle had no insurance, and the vehicle was ordered, by the
officer, to be confiscated. The vehicle was towed by DC Towing to
their place of business.
This
vehicle with my personal property therein was taken, without due
process of law.
"While the exact definition of the term "due process of
law" may be uncertain, it is certain that it inhibits the taking of
one man's property and giving it to another, contrary to settled
usages and modes of procedure, and without notice or an opportunity
to be heard. 230 U.S. 140" Bouvier's Law Dictionary 1914 version
updated Pg. 327
I have
been told by Brandy Cunningham of the Department of Safety and
Corrections that they will not release my property nor my vehicle
until I have entered into a contract (driver's license) with the
Department of Safety and corrections, registered the vehicle with the
Department of Safety and Corrections and entered into a contract with
any corporation in the insurance industry. Meanwhile towing and
storage charges accrue. I have also been told by the owner of DC
Towing that there is a procedure for completing the theft of my
vehicle and property to recover the towing and storage charges.
Even the
JPSO Vehicle Storage, Wrecker Request and Inventory Record does
state:
"If you do not provide proof within three days that your vehicle
was properly insured at the time it was impounded the Office of Motor
Vehicles shall destroy or cause to be destroyed, your license plate
and revoke the registration until you have satisfied the provisions
of the compulsory insurance law by showing proof of current liability
insurance and paying all applicable fees owed the Office of Motor
Vehicles."
My
vehicle has already had the license plate destroyed and the
registration revoked. By their own record, I should have had to pay
all applicable fees owed the Office of Motor Vehicles. Now I have
been told that this is false. I have to reinstate the license plate
and registration plus obtain permission to operate a State owned
vehicle and pay any corporation in the insurance industry or my
property will be stolen. Even if I had no intention of ever
traveling in that vehicle again. I still have to pay any corporation
in the insurance industry, for a service that I will not use. Plus,
I must sign a statement declaring that I promise under penalty of
perjury that I will maintain a contract with a corporation that does
not have any obligation to maintain a contract with me.
Should
another disaster befall the City of New Orleans I will be one of the
poor unfortunates that will be left to die because I refused to
submit to slavery. I am not allowed by the State to use my property
to escape. In fact, the State has stolen my vehicle to ensure that I
am left to die in the disaster. What concoction of law is it that
demands that a person must be forced into slavery or forfeit the
ownership and use of an emergency evacuation vehicle.
There
can be no doubt. Before my property will be returned I must
completely change my status, by force, from a free person to a person
bound to service for a term of years. Could there be any better
definition of slavery? Does the Department of Safety and Corrections
claim a lien on my personal property contained in the vehicle? What
has happened to my equitable interest in the vehicle? Where is my
due process of Law?
This
Defendant does move this court to order the Department of Safety and
Correction and the Parish of Jefferson release this vehicle and the
personal property therein. If the Department of Safety and
Corrections wants to seize this vehicle they must follow due process
of law. There can be no justification for the confiscation and theft
of the personal property therein contained.
To the
best of my knowledge this vehicle and the personal property therein
is in eminent danger of being completely stolen from me to pay the
towing and storage charges.
Sworn to
be true and correct to the best of my knowledge, this 2nd
day of April 2007
Michael
E. Dirosa.
ORDER
It is
hereby ordered that the Department of Safety and Corrections and the
Parish of Jefferson do release the vehicle and personal contents
therein belonging to Michael E. DiRosa and that the vehicle and
contents to be transported to a place of Mr. DiRosa's choosing not to
exceed 25 miles from DC Towing. This vehicle and its contents are to
be returned to Mr. DiRosa at no cost for towing or storage.
It is
further ordered that the body corporate known as the Department of
Public Safety and Corrections withdraw all complaints against Michael
E. Dirosa, in any court or administrative procedure, until such time
as ownership of the vehicle can be determined.
This
___________ day of _______________, 2007
------------------------------------------------------------------
JUDGE
Motion
to proceed In Forma Pauperis
Comes
now this Defendant Michael E. Dirosa, a Citizen of the State of
Louisiana, to move this honorable court to allow this Defendant to
proceed In Forma Pauperis. This Defendant does swear and affirm that
he is totally without means and is currently living solely on the
kindness of others. This simple declaration being sufficient under
Louisiana State Law to justify such an allowance. This issue has
been brought before this court on numerous occasions by this
Defendant and has been so ruled by this court. (sites not available
as my records are beyond the bounds of my walking distance prison)
This
Defendant does move this court to order a copy of all transcripts of
all proceedings and minute entries be supplied this Defendant at no
cost to him.
ORDER
It is
hereby ordered that Michael E. DiRosa be permitted to proceed In
Forma Pauperis and that all transcript and minute entries be supplied
to Mr. DiRosa at no cost.
This
_____________ day of ____________________, 2007
_________________________________________
JUDGE
CERTIFICATE OF SERVICE
I, Michael E. DiRosa, do hereby certify that I have
delivered a true and correct copy of the foregoing document on this
________, day of ______________, 2007. I do further certify that I
have, either with bond servant / slave escort or by open defiance of
the tyrant and overseer of the State's plantation and use of my self
propelled motor vehicle known as a bicycle, made my way to the United
States Postal Authority where I did place into their custody a
certified letter, return receipt requested to each of the people
listed below containing this document.
Supreme
Court, State of Louisiana
Clerk of
Court
400 Royal
Street, suite 4200
New
Orleans, LA 70130-8102
Kathleen
Babineaux Blanco
P.O. Box
94004
Baton
Rouge, LA 70804-9004
Charles
C. Foti, Jr.
P.O. Box
94005
Baton Rouge, LA 70804
Richard
L. Stalder Secretary
Department
of Public Safety and Corrections
P.O. Box
66614
Baton
Rouge, LA 70896-6614
Rebecca
M. Oliver
First
Parish Clerk of Court
924 David
Dr.
Metairie,
LA 70003
Joseph
Responti
First
Parish Clerk of Court
924 David
Dr.
Metairie,
LA 70003
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