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GOVERNMENT HAS NO SOVEREIGNTY--CHALLENGE TO JURISDICTION

John Snavely

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From: John Snavely
To: bellringer@fourwinds10.com
Sent: Tuesday, May 27, 2008 12:07 PM
Subject: Info for you Government has no sovereignty - Challenge to jurisdiction
 
Patrick:  Here is a technique of interest that I have made work and more people need to learn to do it
 
____________________________________________________________________________________________________
  Here is an experience that shows you that it works.
 
to get the meat of this approach.
 
 
 
  This is my court action two years ago that I have made work for me. There are 2 attachments to this email. 2CITY OF HUNTSVILLE APPEAL is my now action.  And affida~7.doc has already been adjudicated see below.

         

 
   Everybody needs to get out of the corporation law system and here is simplist way to do it.
 
   The prison system that we live in is a one that everybody volunteers into and you don't have to play this game.  Most of the people in prison today, if they they didn't use an attorney which is a member of the private (business organization) British Accredited Register and is not allowed by the United States constitution, can sucessfully challenge jurisdiction of the gov and walk out of jail.  Here is one simple way, there are other techniques, you don't have to know all of those laws.  (See: www.ourperpeturalunion.net and www.1215.org for structure of government.)  Those guys in government are just a business organization to make fake money for the bankers and themselves.
 
 People can successfully challenge any prosecution as government has no sovereignty, they have no jurisdiction over what the people are doing, Americans are not subjects of the gov.  Attached are the briefs that I submitted to the 23rd Judicial (Madison County) Circuit Court that challenged jurisdiction and caused them to nul process charges. Since then I have been given tickets, and two times I have sent two different courts the out come of this case and told them that I was not showing up, and that works.  This will work for all kinds of charges. These type briefs will also work in fed courts.  (rescisson documents in different email.)  That did work, now we are under a new attack that started Sept. 28, 2007 here in Huntsville and I expect it to continue to escalate for some time as there is an ecomonic crisis for them to contain.
 
  This simple technique can salvage all of our liberties without begging the gov politicians to vote on and give us our liberties. Add this information to educating everybody on how to do it can make a difference.
 
( There is an Alabama Supr. Ct case cite that says that carrying a concealed gun while travelling is a right and the below information will tell you how to do it, how you lost it and what stands in your way to get these and other sovereign rights back.)
 
   I just want to point out that there is at least one simple thing that people can do in America that can alter the course of history, let the American people get control of government, get the crooks out of our government, and have a sane life.  This technique will stop most of the government crime against the people. And we all can use some help doing it.
 
  Now I have made this work again againist the City and State since they are agencies of the District of Columbia. Since Civil War we are living under reconstruction government,
 
  That one thing to know is that government is a corporation and has no sovereignty, and everyone can simply apply this reality to their own situation and thoughts.  If they are having a problem with government just go into court and challenge their jurisdiction.  This can simplify everybody's life.  It seems that news is like a sports game, makeup rules than play the game.  Why do you want people to be slaves and more prisons to be built?  There are many people in prison today that could get out if they would rescind SSN and challenge jurisdiction. You have got to start looking at gov and see what the options are on what to do about its behavior.  This government can be replaced simply because it is illegal.  People have to be educated on how to go about doing it.
 
  If you wanted to control the gov from the bottom up you would have townhall meetings and vote on it, we used to do that, and now you cannot find a precinct captain these days.  We can eliminate all of this game playing, understand what has and how it happened.
 
See www.teamlaw.org for original jurisdiction government.  Teamlaw has original jurisdiction governors in place. Click on governor's corners for activity in states, and see that Monty Wayne Irwin is original jurisdictional governor of Alabama
 
____________________________________________________________________________________________________
  Here is an experience that shows you that it works.
 
  I recently made this issue work in court again and it is all of the litigation a person needs to do with the government(bank) to leave them alone.  
 
  We need more people doing this.
 
    Corporate gov has no sovereignty that we can benefit from operating a common law trust.
 
    Here is a simple way to stop all of those cases against you such as traffic, eminent domain, unnecessary taxes, health inspections, gun control problem, government control in general, etc., etc.,etc.  Go into court and prove that the City, County, State and probably all United States agencies do not have the power to: complain about your rights when you travel, they take private property under eminent domain non constitutionally, tax you, take care of your health problems(shots), etc., etc. etc.  because they have no sovereignty since they are a corporation, I have won this type issue on traffic tickets and got the City of Huntsville to admit that they are a Municipal Corporation within The State of Alabama(a corporation also).  Here is legal cite:
 
      The government by becoming a corporator, (See: 22 U.S.C.A. 286e) lays down its sovereignty and takes 
    on that of a private citizen. It can exercise no power which is not derived from the corporate charter (See:
    The Bank of the United States vs. Planters Bank of Georgia, 6 L. Ed. (9 Wheat) 244, U.S. vs. Burr, 309 U.S.
    242).  The real party in interest is not the dejure "United States of America" or "State", but "The Bank" and
    "The Fund."  (See: 22 U.S.C.A. 286, et seq., C.R/.S. 11-60-103). The acts committed under fraud, force and     
    seizures are many times done under "Letters of Marque and Reprisal" I.E. "recapture." (See: 31 U.S.C.A.
    5323).  Such principles as "Fraud and Justice NEVER dwell together" Wingate's Maxims 680, and "A right
    of action cannot arise out of fraud." Broom's Maxims 297, 729; Cowper's Reports 343; 5 Scott's New
    reports 558; 10 Mass. 276; 38 Fed. 800, are too high of a though concept, as is "Due Process", "Just
    Compensation"  and  "Justice itself. Honor is earned by honesty and integrity, not under false and fraudu-
    lently pretenses, nor will the color of the cloth one wears cover-up the usurpations, lies, trickery and
    deceits.  When Black is fraudulently declared to be White, not all will live in darkness. 
 
 
 Here is the action:
 
Attached affida~7.doc has the two briefs that was before the court March 14,

2006.

This case started out in the Municipal Court and I appealed. The Circuit

Court stylized the case

STATE OF ALABAMA  (all capital letters is a fictious name that is not them)

     PLAINTIFF

                                                           CASE NUMBER     CC2005-405-07BEW

Vs.

JOHN SNAVELY   (all capital letters is a fictious name that is not me)

     DEFENDANT

            ..............and ORDERED me to appear at Court Administrator

for some preliminary administrative stuff.

on 7th day of February, 2005.  I had my Challenge to jurisdiction in at this

time. Then a year had gone by so I put my     MOTION TO DISMISS FOR LACK OF

A SPEEDY TRIAL,  VENUE AND JURISDICTION, AND NO CRIME COMMITTED

  in February 2006.

The City being the prosecutor came into  THE CIRCUIT COURT OF MADISON

COUNTY, ALABAMA, told the Truth and stylized their case against me as:

CITY OF HUNTSVILLE, a           (not the STATE OF ALABAMA as the Circuit Court stylized it)

Municipal Corporation within

The State of Alabama

          Plaintiff,

          vs.

John D. Snavely,   (my proper name)

        Defendant,

admitting who they were and by spelling my name properly(not all cap

letters) on March 14, 2006, Nul-Processed the case and the cops back off

when they see me.  I travel without drivers license and vehicle license.

Won Alabama Supreme Court Case 1980038 that says that they cannot
charge me with driving without or revoked or suspended license when I do not have
a license. 

And I got my bond money back, of course they did find a way of short

changing me, by misplacing part of the record.

Jack Snavely

The main point of this action is they stylized their case as below after I

gave them legal cite of them being a corporation with no sovereign power and

nul processed charges against me and the court granted the nul-process, it

is shockingly that simple.  They didn't attempt to get jurisdiction.

CITY OF HUNTSVILLE, a   (all capital letters is a fictious name that is who they really are.)

Municipal Corporation within

The State of Alabama

          Plaintiff,

 
_____________________________________________________________________________________________________________________
  17+ years ago man was hauled from Portland Oregon, put in jail for IRS crime in Nashville, I had him rescind his SSN, case was closed
  and he was never prosecuted and he is still in business. 
 
______________________________________________________________________________________________________________________
 
 
 
Jack Snavely
3516 Maggie Avenue
Huntsville, Alabama (35810)
256-489-0772  
 
   See: Declaration of Cause and Necessity to Abolish the U.S. Government
 
**************************************
ATTACHMENT #1  COURT CASE
 

                                                 In The 23rd Judicial District Circuit Court

                                                    In and for Madison County, Alabama

 

 

 

CITY OF HUNTSVILLE, a                                 Case No.______________________________

Municipal Corporation within   

The State of Alabama,                                   On Appeal Case No. 10240710  DWOL

                                                                                                    10243700 Fail to appear

                  vs.                                                                              10240709 No license tag

                                                                                                    10243701 Fail to appear

John D. Snavely,                                                                         10241169 No Insurance

             Defendant,                                                                      10245421 Fail to appear

_________________________ 

 

 

                       ON APPEAL FROM THE MUNICIPAL COURT OF HUNTSVILLE, ALABAMA                                                        

 

                            MOTION TO NUL PROCESS FOR LACK OF JURISDICTION, VENUE,

                                                       and NO CRIME COMMITTEED

 

         Comes now Defendant John D. Snavely in the above style case and moves this Court to Nul

 

Process these cases for lack of jurisdiction, venue, and the fact that no crime has been committed.

 

and states:

 

         1.  Bill of Rights Article of Amendment VI of the Constitution for the United States of America

 

states:

 

                     "In all criminal prosecutions, the accused shall enjoy the right to a speedy

                and public trial, by an impartial jury of the state and district wherein the crime

                shall have been priviously ascertained by law, and to be informed of the nature

                and cause of the accusation; to have compulsory process for obtaining witness-

                es in his favor, and to have the assistance of Counsel for his defence."

 

 

           Then in Article VI of the Constitution for the United States of America, all executive and

 

judicial officers, both of the United States and of the several states, are bound by this constitution,

 

and their oath or affirmation to support this constitution.

 

                 "All debts contracted ...., as under the confederation."

 

                      "This constitution and the laws of the United States which shall be made in

               pursuance thereof; and all treaties made, or which shall be made, under the au-

               thority of the United States, shall be the supreme law of the land; and the judges

               in every state shall be bound thereby, anything in the constitution or laws of any

               state to the contrary notwithstanding."

 

                      "The senators and representatives before mentioned, and members of the

               several state legislatures, and all executive and judicial officers, both of the United

               States and several states, shall be bound by oath or affirmation, to support this

               constitution; but no religious test shall ever be required as a qualification to any

               office or public trust under the United States."

 

 

                                                                          1

         2.  First, a crime is an act that has been committed, not an act that has been omitted.  it is not 

 

a  crime not to get a license, and if Defendant does not have a license he is not within the venue

 

and jurisdiction of of this Catholic-Jew court, and scope and jurisdiction of the statutes;

 

         3.  The prosecution time for this case in order for it to be a speedy trial is one year and has

 

run out.   The prosecution of these cases started no later then December 20, 2004. This Court's

 

Order to appear March 3, 2005 at the Court Administrator was dated February 7, 2005.

 

         4.  The government (City, County and State) is not the sovereign, it is a private citizen:

 

                      The government by becoming a corporator, (See: 22 U.S.C.A 286e) lays down

               it's sovereignty and takes on that of a private citizen. It can exercise no power which

               is not derived from the  corporate charter (See The Bank of the United States vs.

               Planters Bank of Georgia, 6 L. Ed. (9 Wheat) 244, U.S. vs. Burr, 309 U.S. 242). The

               real party in interest is not the dejure "United States of America" or "State", but "The

               Bank"  and "The Fund." (22 U.S.C.A. 286, et seq., C.R.S. 11-60-103).  The acts

               commited under fraud, force and seizures are many times done under "Letters of

               Marque and Reprisal" i.e. "recapture." (See: 31 U.S.C.A. 5323). Such principles as

               "Fraud and Justice NEVER dwell together" Wingates's Maxims 680, and "A right of

               action cannot arise out of fraud. "Broom's Maxims 297, 729; Cowper's Reports 343;                  

               5 Scott's New Reports 558; 10 Mass. 276; 38 Fed. 800, are too high of a thought

               concept, as is "Due Process", "Just Compensation" and Justice itself. Honor is

               earned by honesty and integrity, not under false and fraudulent pretenses, nor will

               then color of the cloth one wears cover-up the usurpations, lies, trickery and deciets.     

               When black is fraudulently declared to be white, not all will live in darkness.

                   (The government is in business.)

 

         5.  The City/County/State/government agency prosecuting this matter is the moving party and

 

initiator of this action.  The law is clear that any entity which chooses to initiate and maintain legal

 

action must have both (1) lawful authority to do so and (2) the ability to prove lawful authority. 

 

Motion concerning jurisdiction of the court or failure of the pleadings to charge an offense may be

 

made at anytime.  State v. Batdorf 238 SE.2d 497(1977). 

 

        6.  The charge of driving on revoked or suspended license was changed to driving without a

 

license and that is obviously be stating that the charge is an act of omission, not an act committed.

 

         No crime has occurred as defined by the constitution for the United States of America at

 

Amendment VI.

 

                  "In all criminal prosecutions, the accused shall enjoy the right to a speedy

                  and public trial, by an impartial jury of the State and district wherein the crime

                  shall have been commited. ....",

 

         Thus, a crime is an act that has been committed, not an act that has been omitted.  It is not a

 

crime not to get a license, and if Respondant does not have a license he is not within the scope

 

and jurisdiction of the this Catholic-Jew court and;

 

                                                                         2

         7.  Rules of Alabama Supreme Court Rule 13.2

 

           "Complaint"

 

                  A uniform traffic ticket and complaint is a "complaint," and cannot be amended

                  by a prosecutor's complaint without the defendant's concent. Vance v. City of

                  Hoover, 565 So.2d 1251 (Ala.Crim.App 1990).  Automobiles 351.1

 

         8.  Snavely has an unalienable right to travel and "If a State does erroneously require a

 

license or fee for the exercise of that right, the citizen may ignore the license and or fee, and

 

exercise the right`with total impunity! S.C. Huttlesworth Vs. Birmingham 373 US 262". Ala case.

 

         9.  All attorneys that belong to the Alabama Bar Association Association are a Nobility and

 

have no citizenship status in this state or country. Title of Nobility Amendment of the Constitution

 

for the United States of America - Original Thirteenth Amendment (1819) reads as follows:

  

            If any citizen of the United States shall accept, claim, receive, or retain any title of

            nobility or honour, or shall without the consent  of Congress, accept and retain any

            present, pension, office, or emolument of any kind whatever, from any emperor, king,       

            prince, or foreign Power, such person shall cease to be a citizen of the United States,

            and shall be incapable of holding any office or trust or profit under them, or either of

            them.Alabama and they

 

        10.   There are no counsels at law in Alabama.  Lawyers are all attorneys at law and

 

all belong to an unlawful Nobility.

 

        11.   The Motor Vehicle Code is commercial application of law.

 

                      THE COURT:  The Alabama Supreme Court has held that the primary

               meaning of "transport" is to carry or convey from one place to another. This

               definition gives me commercial connotations to the word "transport". City of

               Huntsville vs. John Dennis Snavely, Crim Action No. CC99-1839, CC99-1840,

               CC99-1841 at page R24, Judge Bruce Williams.

 

and,

 

               It is a "priviledge, not a right, to engage in business. Boynton v. State, Fla.,

               64 So.2d 536, 547.

 

               The business of carrying passanghers and freight for hire by motor vehicles

               over public highways in not a "right", but a "privilege", licensing of which is

               exclussively a legislative prerogative and such privilege may be granted or

               withheld at Leggislatire's will. North Carolina Utilities commission v. McLean,

               44 S.E.2d 210, 211, 277 N.C. 679.

 

        12.  Respondant John Snavely is not engaged in any commercial activity on the public

 

highways and has a right to travel without a license. What statute what substantive regulation

 

gives the Prosecutor jurisdiction over Defendant?

 

            (Question.  Does the government own the highways or do the people own the highways?)

 

 

                                                                        3

        13.   Further, the City/County/State Prosecutor in this matter is the moving party and should

 

be ORDERED to show his (1) lawful authority to prosecute Snavely and (2) clearly prove lawful

 

authority. Then when he cannot do that, this court has no jurisdiction over the Snavely.

 

and,

 

             Since Snavely is not going to get a license to drive to exercise his Liberty, he will

 

continually be unlawfully attacked by untrained government employees and unlawfully processed

 

that will cause him severe hardships defending his Liberty, and he is entitled to grand jury

 

proceedings and trial by jury. STATE OF TENNESSEE v. John Dennis Snavely, C.C.A. NO. 88-291-

 

III, State v. Dusina, 764 S.W.2d 766 (Tenn.1989).

 

 

            Further, I do have my case from the supreme court of Alabama case # 1980038 that says

 

that you cannot suspend or revoke my license because I do not have a driver's license, and I am

 

not required to have your's or anybody else's license, and you always use that as a pretense to

 

arrest me. And see Exhibit 1.

 

 

            Therefore, this Court should NUL PROCESS these bogus charges because there has been

 

\no crime committed, and they have not been prosecuted in compliance with the Constitution for

 

the United States, Amendment VI. And the government further has no jurisdictional power to

 

require your defendant to have license.

 

 

Respectfully Submitted,

 

John D. Snavely

 

___________________________________________________________________________________

 

                                                       CERTIFICATE OF SERVICE                                              

___________________________________________________________________________________

 

            I served a true copy of this MOTION TO NUL PROCESS FOR LACK OF JURISDICTION, VENUE, and NO CRIME COMMITTEED upon City Prosecuting Attorney, Huntsville, Alabama, by placing it in the Courthouse Mail box_________________  on this_____________of_________ ,    200__.

 

 

                                                                         4

 

                                                 In The 23rd Judicial District Circuit Court

                                                   In and for Madison County, Alabama

 

CITY OF HUNTSVILLE, a                                    Case No.______________________________

Municipal Corporation within   

The State of Alabama,                                             On Appeal Case No. 10240710  DWOL

                                                                                                              10243700 Fail to appear

                  vs.                                                                                        10240709 No license tag

                                                                                                              10243701 Fail to appear

John D. Snavely,                                                                                      10241169 No Insurance

             Defendant,                                                                                  10245421 Fail to appear

__________________________

 

                                        _________________________________________

 

                                      MOTION AND AFFIDAVIT IN SUPPORT OF MOTION

                                         

                                        FOR LEAVE TO PURSUE IN FORMA PAUPERIS

 

                                       _________________________________________

 

                                                                                                          Submitted by,

                                                                                                         

 

                                                                                                           John D. Snavely

                                                                                                          c/o 3516 Maggie Avenue N.W.

                                                                                                            23rd Judicial District

                                                                                                            Huntsville, Alabama

 

                                                                        Page 1 of 2

 

      Comes now the Defendant, John D. Snavely, in the above titled action and moves this Honorable Court of Law for an Order granting leave to pursue the above title Petition in Forma Pauperis and in support of said Motion, Petitioner respectfully submits the following affidavit.

                                                                                                           

state of Alabama           ]

                                           affirmed:

county of Madison

    23rd Judicial District  ]

        I, John D. Snavely, Petitioner in the above titled cause, of full age and competent, upon due affirmation, hereby state that the facts set out below are true and correct to the best of my knowledge and understanding and are presented in good faith:

(1) I believe that I have a just cause and,

(2) I am a free Citizen of the People of the Sovereign Body Politic of the Commonwealth of Pennsylvania, a State of the united States of America, by virtue of birth, inheritance and domicile and therefore a Citizen within the meaning of the original Constitution for the United States of America, reserving and asserting all of my Liberties: and,

(3) I have no valid lawful application for any benefits and priviledges from any government; and,

(4) I have at all times and again hereby assert the limitations of Article I, Section 10, of the Constitution for the United States of America, to which aall of the States of the Union are bound, inviolable, and further, only use Federal Reserve Notes under threat, duress and coercion, with all of my rights reserved; and,

(5) I have at all times and here again assert my Rights protected by Article 1, Section 14, of the original Constitution for the State of Alabama inviolable, and,

(6) I am not an employer and/or employee, have no lawful money in any form, and I own no real estate, stocks, bonds, bank accounts, or other valuable property, and I am not a party of interest in any bankrupcy, and,

(7) Because of my poverty at this time I am unable to pay the cost of this Petition, or to give security.

FURTHER AFFIANT SAITH NOT.

Affirmed I under pain and penalty of purjury, SUBSCRIBED AND SEALED this ____________day of

_________________, 200__, in the county of Madison, 23rd Judicial District, Alabama.

                                                                                 ________________________________________ 

                                                                                      John D. Snavely

                                                                                 c/o 3516 Maggie Avenue N.W.

                                                                                      23rd Judicial District

                                                                                      Huntsville, Alabama

 

         We, the undersigned, witness this day that the one known to us to be the above signator did personally appear before us in the count of Madison, 23rd Judicial District, Alabama, and upon due affirmation did execute and affix the above signature and seal hereto.

 

______________________Date,___________________________________L.S. a Citizen in Alabama                                                                                 

______________________Date,___________________________________L.S. a Citizen in Alabama

______________________Date,___________________________________L.S. a Citizen in Alabama

 
 
********************************************************
 
ATTACHMENT #2  AFFIDAVIT
 

Š         IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA

 

 

STATE OF ALABAMA

         Plaintiff,               Case Number CC2005-405-07BEW

 

VS.                               Ticket Nos. M6602249 & M6602250

                                              M6577672

                                  

John Snavely

         Defendant.

 

 

          MOTION TO DISMISS FOR LACK OF A SPEEDY TRIAL,

         VENUE AND JURISDICTION, AND NO CRIME COMMITTED

                  

 

    Comes now Defendant John Snavely in the above style case and Â

 

moves this Court to dismiss this case for lack of a speedy trial,

 

venue and jurisdiction, and the fact that no crime has been Â

 

committed and states:

 

    1. Bill of Rights Article of Amendment VI of The Constitution Â

 

for the United States of America states:

 

       "In all criminal prosecutions,  the  accused  shall

    enjoy the right to a  speedy and  public  trial, by an

    impartial jury of the state and  district  wherein the

    crime shall have been committed, which  district shall 

    have been priviously ascertained by law, and to be in-

    formed of the nature and cause of the  accusation;  to

   have compulsory process for obtaining witnesses in his

    favor,  and  to have the assistance of Counsel for his

    defence."

 

 

    Then  in Article VI of the Constituion for  the United States

 

of  America, all  executive and judicial officers, both of the Â

 

United States and of the  several  states, are bound by this Â

 

constitution, and their oath or affirmation to support this Â

 

constitution.

 

                           ARTICLE VI.

  

       "All debts contracted ..., as under the confederation."

 

                                1

ï

Š        "This constitution, and the  laws  of  the  United

     States which shall be made in pursuance  thereof; and 

     all  treaties made, or which shall be made, under the

     authority of the United States, shall be the  supreme

     law of the land; and the judges  in every state shall

     be bound thereby, any  thing  in  the constitution or

     laws of any state to the contrary notwithstanding."

 

        "The senators and representives before  mentioned,

     and  the members of the several  state  legislatures,

     and all  executive and judicial officers, both of the

     United States and of the  several  states,  shall  be

     bound by oath or affirmation, to support this consti-

     tution;  but no religious test shall ever be required 

     as a  qualification  to  any office or  public  trust

     under the United States."

 

    2.  First, a crime is an act that has been committed, not an Â

 

act that has been omitted.  It is not a crime not to get a liÂ

 

cense, and if Defendant does not have a license he is not within Â

 

the venue and jurisdiction of this Catholic-Jew court, and scope

 

and jurisdiction of the statutes;

 

    3.  The prosecution time for this case in order for it to be

 

a speedy trial is one year and has run out. The prosecution of Â

 

these cases started no later then December 20, 2004. This Court's

 

Order to appear March 3, 2005 at the Court Administrator was Â

 

dated February 7, 2005.

 

    The government (City, County and State) is not the sovereign, Â

 

it is a private citizen:

 

      The government by becoming a corporator,  (See:  22

   U.S.C.A 286e ) lays down its sovereignty and takes  on

    that of a private citizen. It can  exercise  no  power

    which is not derived from the corporate charter  (See:

    The Bank of the United  States vs.  Planters  Bank  of

    Georgia, 6 L. Ed. (9 Wheat) 244, U.S.  vs.  Burr,  309

   U.S. 242). The real party in interest is not the

    dejure "United States of America" or "State", but "The

    Bank" and "The Fund." (22 U.S.C.A 286, et  seq., C.R.S.

    11-60-103).  The acts committed under fraud, force and

    seizures are many times done under "Letters of  Marque 

    and Reprisal"  i.e.  "recapture." (See: 31 U. S. C. A.

    5323 ). Such principles as "Fraud and Justice NEVER

                                2

ï

Š    dwell together" Wingate's  Maxims 680, and "A right of

    action cannot arise out of fraud." Broom's Maxims 297,

   729; Cowper's Reports 343; 5 Scott's New Reports  558;

    10 Mass.  276;  38 Fed. 800, are too high of a thought

    concept, as is "Due Process", "Just  Compensation" and

    Justice itself. Honor is earned by honesty and  integ-

    rity, not under false and  fraudulent  pretenses,  nor

    will the  color  of  the  cloth one wears cover-up the

    usurpations, lies, trickery and deceits. When Black is

    fraudulently declared to be White, not all  will  live 

    in darkness.

 

    Therefore, this Court should dismiss these bogus charges Â

 

because there has been no crime committed, they have not been Â

 

prosecute in compliance with the Constitution for the United Â

 

States, Amendment VI, right to a speedy trial. And the government Â

 

further has no jurisdictional power to require your defendant to Â

 

have license.

 

 

 

 

Respectfully Submitted,

 

 

 

John Snavely

 

 

 

 

_________________________________________________________________

 

      --

 

_________________________________________________________________

 

     É  serveä á true copù oæ thió MOTION TO DISMISS FOR LACK OF Â

A SPEEDY TRIAL, VENUE AND JURISDICTION, AND NO CRIME COMMITTED Â

upon John Mark Debro¬ Prosecuting Citù Attorney, Huntsville¬ Â

Alabama, by  placing it in the Courthouse Mail box number _____ Â

oî thió _______daù oæ February¬ 2006.

 

 

 

                                        ________________________

 

 

 

 

 

 

 

 

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Ï[1]5

Š         IN THE CIRCUIT COURT OF MADISON COUNTY, ALABAMA

 

 

STATE OF ALABAMA

         Plaintiff,               Case Number CC2005-405-07BEW

 

VS.                               Ticket Nos. M6602249 & M6602450

                                              M6577672

                                  Challenge to jurisdiction

John Snavely

         Defendant.

 

    Comes now Defendant John Snavely from the February 7, 2005 Â

 

ORDER of this court and challenges the jurisdiction of this Â

 

legislative court, objects to procedure, and the spelling of his Â

 

name with all capital letters, and states:

 

    1.  The State prosecuting this matter is the moving party and Â

 

initiator of this action.  The law is clear that any entity which Â

 

chooses to initiate and maintain legal action must have both (1) Â

 

lawful authority to do so and (2) the ability to clearly prove Â

 

lawful authority. Motion concerning jurisdiction of the court or Â

 

failure of the pleadings to charge an offence may be made at any Â

 

time.  State v. Batdorf 238 SE.2d 497(1977).

 

    2. If a State does erroneously require a license or fee for Â

 

the exercise of that right, the Citizen may ignore the license Â

 

and or fee and exercise the right with total impunity! S C HutÂ

 

tlesworth Vs. Birmingham 373 US 262.  Alabama case

 

    3.  Rules of Alabama Supreme Court Rule 13.2

 

     "Complaint"

 

     A uniform traffic ticket and complaint is a "complaint,"

     and cannot be amended by a prosecutor's complaint without

     the defendant's concent. Vance v. City of Hoover, 565 So.

     2d 1251 (Ala.Crim.App 1990).  Automobiles 351.1

 

    4.  All attorneys that belong to the Alabama State Bar AssoÂ

 

ciation are a Nobility and have no citizenship status in this Â

 

ï

Šstate or country. Title of Nobility Amendment of the Condstitu-Â

 

tion for the United States of America - Original Thirteenth

 

Amendment (1819) reads as follows:

 

    If any citizen of the United States shall accept,

    claim receive, or retain any title of nobility or honour,

    or shall without the consent of Congress, accept and

    retain any present, pension, office, or emolument of any

    kind whatever, from any emperor, king, prince, or foreign

    power, such person shall cease to be a citizen of the

    United States, and shall be incapable of holding any

   office or trust or profit under them, or either of them.

 

    5.  There are no counsels at law in Alabama.  Lawyers are all

 

attorneys at law in Alabama.

 

    6.  THE COURT:  The Alabama Supreme Court has held that

      the primary meaning of "transport" is to carry or convey 

      from one place to another. This definition gives me commer-

      cial connotations to the word "transport". City of Hunts-

      ville vs. John Dennis Snavely, Crim Action No. CC99-1839,

      CC99-1840, CC99-1841 at page R24, Judge Bruce Williams.

 

and,

 

      It is a "privilege", not a right, to engage in business.

      Boynton v. State, Fla., 64 So.2d 536, 547.

 

      The business of carrying passangers and freight for hire

      by motor vehicles over public highways is not a "right",

      but a "privilege", licensing of which is exclusively 

      a legislative prerogative, and such privilege may be

      granted or withheld at Legislature"s will.  North Caro-

      lina Utilities Commission V. McLean, 44 S.E.2d 210, 211,

      277 N.C. 679.

 

    7.  Your Defendant John Snavely is not engaged in any commerÂ

 

cial activity on the public highways and has a right to travel Â

 

without a license.

 

    Therefore the City/State Prosecutor in this matter is the Â

 

moving party and should be ORDERED to show his  (1) lawful auÂ

 

thority to prosecute Defendant  and (2) clearly prove lawful Â

 

authority. Then when he cannot do that, this court has no jurisÂ

 

diction over the Defendant, dismiss the charge.

 

ï

Š

 

Respectfully Submitted,

 

 

 

John Snavely

 

_________________________________________________________________

 

      --

 

_________________________________________________________________

 

     É  serveä á true copù oæ thió Challenge to jurisdiction upon Â

Walter Record¬ Prosecuting Citù Attorney, Huntsville¬ Alabama, by  Â

placing it in the Courthouse Mail box number  22 oî thió Â

_______daù oæ February¬ 2005.

 

 

 

                                        ________________________

 

 

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