Sovereignthink

Upholding Individual, State then National Sovereignty against the Enforcement of Global Governence and Tyranny

Posts Tagged ‘corporate personhood

Corporate Personhood – SANTA CLARA COUNTY v. SOUTHERN PACIFIC – The RailRoading of America

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Ex-Slaves Shared 13th and 14th Amendment with Corporations as Freed ‘Property’

Who Framed Roger Rabbit; an allegory of the 1886 Court Case that destroyed the State Corporate Charter System and Allowed the total Confiscation of the public domain by the Hoodwink of Corporate Personhood, aka Judge Doom.

SANTA CLARA COUNTY v. SOUTHERN PAC. R. CO., 118 U.S. 394 (1886)

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COUNTY OF SANTA CLARA
v.
SOUTHERN PAC. R. CO.

PEOPLE OF THE STATE OF CALIFORNIA
v.
CENTRAL PAC. R. CO.

SAME
v.
SOUTHERN PAC. R. CO.

Filed May 10, 1886

Mr. Justice HARLAN delivered the opinion of the court.

These several actions were brought-the first one in the superior court of Santa Clara county, California, the others in the superior court of Fresno county, in the same state-for the recovery of certain county and state taxes claimed to be due from the Southern Pacific Railroad Company and the Central Pacific Railroad Company under assessments made by the state board of equalization upon their respective franchises, road-ways, road-beds, rails, and rolling stock.

In the action by Santa Clara county the amount claimed is $13,366.53 for the fiscal year of 1882. For that sum, with 5 per cent. penalty, interest at the rate of 2 per cent. per month from December 27, 1882, cost of advertising, and 10 per cent. for attorney’s fees, judgment is asked against the Southern Pacific Railroad Company. In the other action against the same company the amount claimed is $5,029.27 for the fiscal year of 1881, with 5 per cent. added for non-payment of taxes and costs of collection.

In the action against the Central Pacific Railroad Company judgment is asked for $25,950.50 for the fiscal year of 1881, with like penalty and costs of collection.

The answer in each case puts in issue all the material allegations of the complaint, and sets up various special defenses, to which reference will be made further on. With its answer the defendant, in each case, filed a petition, with a proper bond, for the removal of the action into the circuit court of the United States for the district, as one arising under the constitution and laws of the United States. The right of removal was recognized by the state court, and the action proceeded in the circuit court.

The general question to be determined is whether the judgment can be sustained upon all or either of the grounds upon which the defendants rely.

The case as made by the pleadings and the special finding of facts is as follows:

By an act of congress approved July 27, 1866, the Atlantic & Pacific Railroad Company was created, with power to construct and maintain, by certain designated routes, a continuous railroad and telegraph line from Springfield, Missouri, to the Pacific. For the purpose-which is avowed by congress-of facilitating the construction of the line, and thereby securing the safe and speedy transportation of mails, troops, munitions of war, and public stores, a right of way over the public domain was given to the company, and a liberal grant of the public lands was made to it. ….

On the seventeenth of December, 1877, the said Southern Pacific Railroad Company, and other railroad corporations then existing under the laws of California, were legally consolidated, and a new corporation thereby formed under the name of the Southern Pacific Railroad Company, the present defendant in error, 59.30 miles of whose road is in Santa Clara county and 17.93 miles in Fresno county.

In 1870 the Central Pacific Railroad Company of California and the Western Pacific Railroad Company formed themselves into one corporation under the name of the Central Pacific Railroad Company, the defendant in one of these actions, 61.06 miles of whose road is in Fresno county. The company complied with the several acts of congress, and there is in operation a continuous line of railway from the Missouri river to the Pacific ocean, the Central Pacific Railroad Company owning and operating the portion thereof between Ogden, in the territory of Utah, and San Francisco.

Such were the relations which these two companies held to the United States and to the state when the assessments in question were made for purposes of taxation.

It is necessary now to refer to those provisions of the constitution and laws of the state which, it is claimed, sustain these assessments. The constitution of California, adopted in 1879, exempts from taxation growing crops, property used exclusively for public schools, and such as may belong to the United States, or to that state, or to any of her county or municipal corporations, and declares that the legislature ‘may provide, except in the case of credits secured by mortgage or trust deed, for a reduction from credits of debts due to bona fide residents’ of the state.

It is provided in the first section of article 13 that, with these exceptions, ‘all property in the state, not exempt under the laws of the United States, shall be taxed in proportion to its value, to be ascertained as provided by law. The word ‘property,’ as used in this article and section, is hereby declared to include moneys, credits, bonds, stocks, dues, franchises, and all other matters and things, real, personal, and mixed, capable of private ownership.’

The ninth section makes provision for the election of a state board of equalization, ‘whose duty it shall be to equalize the valuation of the taxable property of the several counties in the state for the purpose of taxation.’ The boards of supervisors of the several counties constitute boards of equalization for their respective counties, and they equalize the valuation of the taxable property therein for purposes of taxation; assessments, whether by the state or county boards, to ‘conform to the true value in money of the property’ contained in the assessment roll. Id . 9.

The tenth section declares: ‘All property, except as hereinafter in this section provided, shall be assessed in the county, city, city and county, town, township, or district in which it is situated, in the manner prescribed by law. The franchise, roadway, road-bed, rails, and rolling stock of all railroads operated in more than one county in this state shall be assessed by the state board of equalization at their actual value, and the same shall be apportioned to the counties, cities and counties, cities, towns, townships, and districts in which such railroads are located, in proportion to the number of miles of railway laid in such counties, cities and counties, cities, towns, townships, and districts.’

The special grounds of defense by each of the defendants were:

Struck Down (1) That its road is a part of a continuous postal and military route, constructed and maintained under the authority of the United States, by means in part obtained from the general government; that the company having, with the consent of the state, become subject to the requirements, conditions, and provisions of the acts of congress, it thereby ceased to be merely a state corporation, and became one of the agencies or instrumentalities employed by the general government to execute its constitutional powers; and that the franchise to operate a postal and military route, for the transportation of troops, munitions of war, public stores, and the mails, being derived from the United States, cannot, without their consent, be subjected to state taxation.

***Upheld *** (2) That the provisions of the constitution and laws of California, in respect to the assessment for taxation of the property of railway corporations operating railroads in more than one county, are in violation of the fourteenth amendment of the constitution, in so far as they require the assessment of their property at its full money value, without making deduction, as in the case of railroads operated in one county, and of other corporations, and of natural persons, for the value of the mortgages covering the property assessed; thus imposing upon the defendant unequal burdens, and to that extent denying to it the equal protection of the laws.

****Creating Constitutional Corporate Protections, Corporate Sovereignty****

Upheld (3) That what is known as section 3664 of the Political Code of California, under the authority of which, in part, the assessment was made, was not constitutionally enacted by the legislature, and had not the force of law.

Upheld (4) That no void assessment appears in fact to have been made by the state board.

 Upheld (5) That no interest is recoverable in this action until after judgment.
Upheld (6) That the assessment upon which the action is based is void, because it included property which the state board of equalization had no jurisdiction, under any circumstances, to assess; and that, as such illegal part was so blended with the balance that it cannot be separated, the entire assessment must be treated as a nullity.

Mr. Justice FIELD overruled the first of the special defenses above named, but sustained the second.

The circuit judge, in addition, held that section 3664 of the Political Code had not been passed in the mode required by the state constitution, and consequently was no part of the law of California.

The propositions embodied in the conclusions reached in the circuit court were discussed with marked ability by counsel who appeared in this court for the respective parties. Their importance cannot well be over- estimated; for they not only involve a construction of the recent amendments to the national constitution in their application to the constitution and the legislation of a state, but upon their determination, if it were necessary to consider them, would depend the system of taxation devised by that state for raising revenue, from certain corporations, for the support of her government.

These questions belong to a class which this court should not decide unless their determination is essential to the disposal of the case in which they arise.

Whether the present cases require a decision of them depends upon the soundness of another proposition, upon which the court below, in view of its conclusions upon other issues, did not deem it necessary to pass. We allude to the claim of the defendant, in each case, that the entire assessment is a nullity, upon the ground that the state board of equalization included therein property which it was without jurisdiction to assess for taxation.

If these positions are tenable, there will be no occasion to consider the grave questions of constitutional law upon which the case was determined below; for, in that event, the judgment can be affirmed upon the ground that the assessment cannot properly be the basis of a judgment against the defendant.

It results that the court below might have given judgment in each case for the defendant upon the ground that the assessment, which was the foundation of the action, included property of material value which the state board was without jurisdiction to assess, and the tax levied upon which cannot, from the record, be separated from that imposed upon other property embraced in the same assessment.

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Understanding The Great Shell Game of America

-sovereingthink

Secrets of OZ vs Secrets of Toon Town – Genius All Around

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SANTA CLARA COUNTY v. SOUTHERN PAC. R. CO., 118 U.S. 394 (1886)

***Upheld *** (2) That the provisions of the constitution and laws of California, in respect to the assessment for taxation of the property of railway corporations operating railroads in more than one county, are in violation of the fourteenth amendment of the constitution, in so far as they require the assessment of their property at its full money value, without making deduction, as in the case of railroads operated in one county, and of other corporations, and of natural persons, for the value of the mortgages covering the property assessed; thus imposing upon the defendant unequal burdens, and to that extent denying to it the equal protection of the laws.

****Creating Constitutional Corporate Protections, Corporate Sovereignty****

Who Framed Roger Rabbit;

an allegory of the 1886 Court Case that destroyed the State Coporate Charter System and Allowed the total Confiscation of the public domain by the Hoodwink of Corporate Personhood, aka Judge Doom.

Is this really an allegory about the framing an innocent corporation and the total Confiscation of the public domain?

The wizard of OZ is a well documented allegory for the Politics of L. Frank Baum’s time, A children’s fairy tell for American Children, Gold Road/Silver Slippers (the power, path and battle for Bi-Metalism), paths that all travel to emerald city (federal reserve temples green notes, the inflationists, the destroyers), the Heartless (Industrialist) Tinman, Brainless (Farmers) Scarecrow, Cowardly (Politician/Plebian) Lion and Dorothy the citizen, the everyman, the reader, who only wants to get back Home (America – freedom, liberty, safety of individual sovereignty) after the storm turned everything upside down and changed the Land.

The Wizard of Oz is to unrestricted Interest Free government Bi-Metalism, 1789 => Gold Standard, 1900 => Fiat Debt/Interest Based Land of Balloonist/Inflationist Make-Believe Standard, 1913.

As

Who Framed Roger Rabbit is to Corporation Personhood, 1895 => Corporate Charter Mongering, Trusts and Foundations until 1920-30’s => Total Corporate Autonomy, Consolidation and Ownership/Partnership of the Public Domain by Nation-less Corporate Statism, 1945.

Roger Rabbit’s ToonTown An Innocent Corporatoon’s Story in the Defence of the Local Community Trust and Public Domain 

In the Beginning Roger Rabbit’s ToonTown was the ACME of success. Like Before the Twister, Dorothy’s Kansas in the United State of America was secure hard and boring but secure.

The Success of Tinseltown and Toontown came from a time when corporations (toons) were state granted local community corporate charters. Drafted first to protect against private property rights violation, these public charters were legally drawn-up to provide the strictly defined permission, purpose, actions, function and service that a public corporation would provide for the local Community Trust for use of the Public Domain (think Local Manufacturing and Power Plants or The Red Car, ‘Who needs a car in LA? We have the greatest public transportation system in the world’). That was ToonTown and it worked more than less for over100 years. That is Until the Judge Doom and Corporate Personhood became Constitutionally Protected under the 14th amendment.

The Twister/ The Creation of Judge Doom and Framing the Innocent Corporation

Judge Doom is Corporate Statism? Corporate Statism is a Toon/Corporation that spread a zillion samolians around bought the election and becomes a Corporate Entity Equal to a Natural Born Person in a Position of Government Authority or Judge Doom.

He is the much-feared Judge of Toontown (judiciary of the charters in the public domain).

Despite presiding over a city of Toons (the public charters, the good in society, the charity, the service to and utilities of the community), Doom is totally without joy, passes capital punishment on Toons, at will and with pleasure, to remove the sin of competition, further his agenda or simply from annoyance.

Lt. Santino; ‘You know how we thought there was no way to kill a Toon? Well Judge Doom found a way, turpentine, acetone and benzene. He calls it “The Dip”’.

Placing them in a chemical vat of this concoction will dissolve Toons, permanently killing them. Or to put Santino’s ‘it’s china town’ moment another way,

‘You know how we thought there was no way to dissolve the locally charted corporation of the community trusts (perpetual local utilities, services, etc)? Well, the evil men of the money trust, big business, monopolies, international/global conglomerates, the bank, city hall and judges found a way. They call it the depression or “the Dip” and it dissolved most of the local Corporate Charters.’

Services needed to be provided so these new Super Natural Corporate Charters came in with the bought off politicians and corrupt judges. These new corporation did not serve and protect the public domain and civil trust. The Judges employed Toon henchmen (the “Toon Patrol”) to assist him in hunting down Roger for the murder of Marvin Acme.

Later in the Terminal Bar’s secret room (from the speakeasy days of anti-freedom prohibition) Roger takes his hand out from the shackles. To hold the crate for Eddie.

Eddie; “You mean to tell me you could take your hand out of that cuff at any time?”

Roger in his Dorothy moment of clocking his heels and revealing the power of understanding; “Not at anytime only when it was funny.” Only when it is right and what we are drawn up to do can we act with absolute authority and simply remove the shackles.

Knowing that Toons must perform according to how they were drawn-up in their charter, Doom uses the “Shave and a Haircut” trick to lure Roger out then prepares to dissolve his much hated corporate charter of optimism, humor and laughter.

After they escape Eddie learns that studio head R.K. Maroon is connected to the plot to frame Roger, Eddie interrogates him, but Maroon pleads that he is “a dead man” if he confesses. Just as Maroon is about to spill everything (who drafted the charter creating Judge Doom), he is killed by an unseen gunman.

At the film’s climax, Doom traps Eddie, Jessica, and Roger in the Acme warehouse and explains his scheme: to Erase Toontown from the map using dip (to dissolve all of local old corporate charterings and their history from American education and thought, to  information hole and hide the knowlegde of the Heisting of the  Public Domain) . Doom Corp Then wants to build a freeway over the old Public Domain to zip by and never know what has been there. Doom also reveals that he is the sole stockholder of Cloverleaf Industries (The United States Railway System), and explains that he bought the “red car so I cold dismantle it” for the sole purpose of putting it out of commission to force the cars and petrol chemical corps monopoly.

In the End, like the wicked witchcorp of OZ was dissolved, Eddie clicks his heels together, by remembering the Optimism, Laughter and Joy he has had as a Private Citizen Investigating Government and Corporate Crime and he Simply Dissolves the Charter of Doom Corp with the Gavel of Justice and all you will have left is the façade. Doom dissolves and melts away screaming before he dies (saying the wicked witches line from the Wizard of OZ)

“I’m Melting, Melting, Melting.” Or “I am Dissolving, Dissolving, Dissolving!”

Thus saving the old local public Domain (Toontown) from being dissolved and forgotten.

A crowd of various Toons/Corporate Character then surround his burned empty suit and melted face and deny he was like them. 

The will of Marvin Acme appears in Roger’s possession, granting full ownership to the citizens of Toontown.

How do we really win and live happily ever after?

Find the Will of Original Authority, dissolve corporations that are Violating the Private Domain and Restore the Community Trust, the Re-Public Domain in our Individual Locally Chartered of Toontowns.

The Public Domain belongs to us and is our responsibility to police, secure and Restrain. Under Doom Corps freeway, Petrol and Automotive Multi-National system there is no way that the individual or Community can oversee, review, redress or ensure that the centralized government and its Global Doom Corps are not in violation of the Private Individual.

We must Restore the Corporate Charter to subjection under the public domain and remove all Corporate Civil Liberty and Fundamental Natural Rights

We can pay once, to build once for the local power, water and self sustaining municipal services at low or no continuing cost for the rest of our lives

We can advance the quality of the community for all equally without infringement on the Private Business and lives of People, the superficial laws and the 5-10 year corporate charter renewal ensure it.

Make sure you don’t have GOONTOONs for Law Enforcement or Justice. Make sure they are Protecting the People Liberty and Serving the Public Rights. The oath is part of their Corporate Charter Contract.

This will end the public corporate domain controlling the Private People and allow the Individual people to set their own agenda, to control their public domain and protect the Sovereign Liberties of the Infinite Individual Citizens at the local levels

We must be Valiant and the return to our duty of diligent private investigators into all levels of the Public Domain

-sovereignthink

So is this really a story about the framing an innocent corporate charter and takeover of the public domain by unnamed evil forces, real men that had corrupted the system to allow corporate charter the freewill of the a-moral ‘to make profits’ and grant the corporation the legal equivalence and protections of personhood?

These Locally Charted Toontown corporations came under review for renewal every 5-10 years. If at anytime the corporation acted outside the purview of the charter, the objectives and permissions, if the Private Domain was violated, if citizens were not being served equitably in violation of the public trust or if the service was simply no longer needed and just not renewed. The Corporation was dissolved and the assets of the public domain in use by the corporation returned to the control and ownership of the Public Domain and Community Trust for future use. Very Local

As a Government created entity under contract, for enabling the use, development and enrichment of the public domain the corporation is a politically bound and created entity and purview to all laws, regulations, policy, justice and equity of the of the community trust and local Re-Public Domain.

A corporation was not a private business, private property or private person. It is part of the Public Domain.  A corporation was also not a sovereign entity. They are Man Made, Non-Natural, Un-living and Do not have the constitutional protections of Natural Laws of a Natural Person but rather held to whatever specific  regulations, duties, limits, and actions are drafted in the Contract of Charter with the Public. They worked for the public interest, it was in virtually every charter, ‘they work for peanuts’ as RK Maroon says.

The Public Domain, Community Trust and how it is supposed to function is ToonTown. Toons are the local charters that operate and serve the Private Individuals in the communities Public Domain.

This was played out in reality during the Santa Clara County v. Southern Pacific Railroad court case of 1895. 118 U.S. 394 (1886) was a United States Supreme Court case dealing with taxation of railroad properties. The case is most notable for the obiter dictum statement that corporations are entitled to protection under the Fourteenth Amendment.

This Amendment that was meant to treat all Natural Persons regardless of race, color, sex, etc. with equal protection of Constitutional and Natural Law of Private Individual Liberty and Freedom over your own sovereign life and Equitable Civil Rights, Justice and Access within the Public Domain. That did not come about for Natural Persons until the 1960’s.

The Fourteenth Amendment was used quickly however to free the corporation from the charters that service to the public domain placed on them and the 5-10 year expiration date (working under permission and contract).

It was used to free corporations from being a part of the public domain and moving them into the private domain. It was used to give the corporation the rights, liberties and protections that People, living breathing people are given by God, Nature, Natural Law and the Constitution.

The Superficial UnNatural Entities (Manmade, draw-up and drafted entities) of the Public Domain Law Became Super Natural Entities by gaining protections of natural law. 

It made Toons appear as Real People in the eyes of the Government and Law. Thus the Santa Clara County v. Southern Pacific Railroad court case of 1895 was the creation of Judge Doom. That was the election that was bought off and when he transformed into a ‘real boy’.

Those supernatural persons could buy up industries, change the shape of a city, a county, a state. They could mold the public domain and reign it in without infringement, unless that infringement was imposed down to every natural person as well. Buying the red car, dissolving all of Toon town, all of the corporations that had served the public welfare, the now gone, local power canyon power stations, the city utilities, the local manufacturing, infrastructure, the parks, the hospitals, the public retirement homes, the local grocer, the non-corporate everything, the red car?

But in Reality, Judge Doom Won , Dorothy didn’t realized that clinking her two pieces of silver together and choosing to restore the value of Her World was all that is need to claim HOME.

He won, Because we as the Valiant Private Investigators didn’t stop drinking, didn’t stop policing the natural people and work on the Corruption in Toontown. They all got dissolved in dip. The Freeway was built, Judge Doom was working with his Oil and Automotive Super Natural Entity Friends, Senator Standard and General Motors.

The modern Corporate Charter Usually Reads…’To Make Profits’ and that is it.

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