Saturday, June 18, 2005
When your "de facto" government is wrong .....
have swords." No doubt if he were alive today, he would be employed by
either the IRS or the DOJ.
If only they understood that, whatever way Joe's trial goes, or our trial
goes, the truth is NOT GOING AWAY. The evidence is way beyond the point
where their violence could silence it. While they're doing their best to
hurt as many people as possible who talk about these issues, it is NOT
slowing the spread of the truth. We know the law. We see your swords.
And we keep telling the truth anyway.
De facto government. One that maintains itself by a display of force against the will of the rightful legal government and is successful, at least temporarily, in overturning the institutions of the rightful legal government by setting up its own in lieu thereof.
OATH OF OFFICE IS ESSENTIAL TO HOLDING PUBLIC OFFICE
FAILURE TO FILE OATH OF OFFICE OR BOND WITHIN TIME PRESCRIBED BY LAW IS FATAL TO HOLDING PUBLIC OFFICE;THE OFFICE AUTOMATICALLY BECOMES VACANT; LATE FILING IS INEFFECTIVE;EVERY UNOFFICIAL ACT IS VOID;AND ANY SUBSEQUENT PROCEEDINGS ARE VITIATED.
Persons chosen for public office may be required by law to accept the office within a specified time and to qualify by filing an oath, giving bond or doing whatever else the law declares necessary to entitle them to assume the duties of the office.
Applicable statutes are controlling and may declare vacancy to exist if the person chosen for the office fails to accept or qualify as required by law. Parker v. Overman, 59 U.S. 137, 15 L.Ed 316.
Failure to comply with such provisions will absolutely forfeit the right to office. Brannon v. Perky, 127 W Va 103, 31 SE2d 898, 158 ALR 631.
Office is vacant by reason of failure to file a required oath. Boisvert v. County of Ontario, 395 NYS2d 617.
Failure to timely file oath of office, in accordance with a statute so requiring, neither notice nor judicial procedure is necessary; the office is automatically vacant and mey be filled as provided by law. Comins v. County of Delaware, 411 NYS2d 533.
Act Declaring office vacant and to be filled as provided by law for failure to qualify within 60 days after beginning of term is not unconstitutional and applies to all officers enumerated and similarly situated. State Ex Rel. Stain v. Christensen, 84 U. 185, 25 P.2d 775.
Judges of the Supreme Court subscribe to this oath when entering upon their duties as justices thereof. Critchlow v. Monson, 102 U. 378, 131 P.2d 794.
Filing an oath of office after the time prescribed by law is not a compliance with the law, confers no power to act as a public officer or in a public office and any person who fails to file his oath of office within the time limits required by law creates an ipso facto vacancy and such person's acts are void and vitiate any subsequent proceedings. Parker v. Overman, 59 U.S. 137, 15 L.Ed 316.