Petition for Writ of Certiorari — Hart v. Safeway, Inc. (No. 08-1487)

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(1) Supreme Court U.S.

081487MAR9 - 2009

OFFICE OF THE CLERK

No.

In The

Supreme Court of the GAmnied States

——__—_———-~- @ ——— —__ —_--—

Curtis Hart,

Petitioner,

V.

SAFEWAY INC.,

Respondent,

¢

On Petition For, Remedy by, Writ Of Certiorari

to

To THIS STATE’s SUPREME ‘COURT’ de-facto in Oregon

for

Mandamus to the United State Legislature or Executive

to stay “domestic Violence” in Oregon.

e —

PETITION FOR WRIT OF CERTIORARI

*

Curtis Hart

General Delivery

Madras, Oregon 97741

541 - 475 - 3488

QUESTIONS PRESENTED

Expanding on Oberg, 512 US 414, 430 (1994):

“Oregon’s [unique] abrogation of well established

common law protections against arbitrary depravation

of property raises the presumption that 'ITS' procedures

violate the Due Process Clause.” Premises, on LUTZET,

132 OR 185, In re AH LEE, 5 F. 899, and STATE V.

COCHRAN, 55 OR 157; decreeing unconstitutional-ACT

empowering GOVERNMENT de-facto is made

constitutional, by public acquiescence.

For example, persons who usurp, in Oregon, as

'JUDGES' and 'JUSTICES' in 'COURTS' (THEY admit are de-

facto) argue they are ‘judges de-facto’ with jurisdiction

to decree their TRIBUNALS de jure (ORS 1.002; APP 29).

Oregon’s unique bias, by it’s very nature, creates

obstructions of Justice, which violate the U.S.

Constitution. ARTICLE IV [VII]:

“The Citizens of each State shall be entitled to all

Privileges and Immunities of Citizens in the several

States [trial by jury].” Viz: “The United States shall

vuarantee to every State in this Union a Republican

Form of Government, and shall protect each of them

against Invasion. .. against domestic Violence”

2. Does Due Process require State Courts to exist.

in Law, or otherwise prohibit ‘judicial' attacks upon an

individual who exposes a shadow GOVERNMENT de-

facto, by uncloaking and/or disrobing persons

pretending to be State Judges and/or Justices who are

corrupted by unlawful arbitrary powers?

il

7, Are this Court’s Justices, subject to ARTICLE

III, and/or ARTICLE IV compelled to take an

original action (e.g. a Writ of Error) or otherwise

obligated to mandate remedies when a shadow

GOVERNMENT de-facto admits bias, against a

Citizen, or subjects, to obstruct Justice?

Are not all subsidiary questions fairly included

in my challenge to arguments of THIS STATE’s

shadow GOVERNMENTde-facto’s claim to exist via

plain usurpation?

Said questions presented raise issues with this

Court's Jurisdiction under Writ of Certiorari. See.,

Part II; RULE 10: “Review on writ. of certiorari is not

a matter of right, but of judicial discretion.”

(c) a state court [tribunal in Oregon] has decided an

important question of federal law that has not

been, but should [must] be, [can only be] settied

by this Court, |because said} decided an

important federal question in a way that

conflicts with relevant decisions of this Court:

the United States Constitution of America.

This Court's Clerks (1)Assert: “State Courts

exist in Oregon and ‘Other Jurisdiction’ applies only to

states suing other states. You cannot file an Original

Action.” (2)Returned petition with directions to alter

format (directive included textual changes).

Thereafter, Complaint for recusal denied in Oregon.

28 U.S. C. § 2403(a), § 2403(b) and § 1251 May Apply.

TRESS ESOS HE EEE ROSE REET RE EEE OR ERE HEMET E EEE TEER TORE EERE SEES ERSTE EHEEEEETEREEEEEHHEE STH EHH EEE

il

IDENTIFICATION OF KNOWN PARTIES &

CORPORATE DISCLOSURE STATEMENT

Petitioner:

Appears on cover.

Respondents:

The Defendants fall into two categories.

SAFEWAY INC., a Delaware Corporation operating in

Oregon under permit from THIS STATE in Oregon.

BODYFELT MOUNT STROPE, LLP.

707 SW Washington St., Suite 1100

Portland, Oregon 97205

503 - 243 - 1022

And

Highest TRIBUNAL of the JUDICIAL DEPARTMENT

|[departure-from what is meant] of government in THIS

STATE (defined by ORS 1.002 (1), 131.205, as

GOVERNMENT de-facto) supplanting by assuming

appearance of the State (a.k.a. Supreme 'COURT' de

facto) 'JUSTICES' therein.

SUPREME COURT BUILDING

1163 State Street

Salem, Oregon 97301-2563

THIS STATE’S JUDICIAL DEPARTMENT represented by:

ATTORNEY GENERAL SOLICITOR GENERAL

John R. Kroger Jerry Libz

JUSTICE DEPARTMENT JUSTICE DEPARTMENT

1162 Court St... NE 1163 Court St., NE

Salem, Oregon 97301 Salem, Oregon 97301

503 - 378 - 6313 503 - 378 - 4402

1\

TABLE OF CONTENTS

Ia oe

TABLE OF AUTHORITIES .--------------------- rm sia

PETITION FOR WRIT -----------------0----s---e20--- ;

OPINIONS BELOW ---------------- eee

BASIS FOR JURISDICTION IN THIS COURT- 2

PROVISIONS INVOLVED -------------------- 2

RELIEF FROM - - - PROCEEDING {60 (b)} ------ 2

BRIEF -ON JURISDICTION «:-..-........-.....-..- 3

CADMES FOR FRTITION ise onidecrcccccnss. 7

STATEMENT OF THE CASE -------------------- 13

PRINCIPAL APPLICATION OF RULE OR LAW - 20

REMEDY ---2cnccnccccnnnsccnennsennnccesnnteccceseceesene 20)

REASONS FOR GRANTING THE WRIT ------ 21

CUNT TLISIOIIN «cs -ccesccceccccvscsdesenveebesducsaucsnsnns 24

SHOCKINGLY EXCESSIVE — covcecccecccccoences 25

APPENDIXES: App.

Judgments, Orders, or Decrees - - - - - 1 — 12.

The United States Constitution - ---- 13 15.

Fea. RK. Cir. P. 60 (Dp) ++ - - «<2 220 -- 16.

Supplants of Oregon Annotated - - - - - 17 — 34.

\

TABLE OF AUTHORITIES

PAGE

Ashcroft, 501 U.S. 452, 463 ---------------- 4

Atlantic Line, 332 U.S. 167 ---------------- 4

Barr v. City of Columbia, 378 US 146 - - 13

Boddie v. Connecticut, 401 U.S. 371 ---- 5

BURKNOLDER v STATE, 242 OR 276--- 16

CAREY V LINCOLN LOAN CoO., 203 OR APP 399 - 1,5,8,23,

25.

CAREY V LINCOLN LOAN CO., 342 OR 530 ---- 1,8,9,20

23, 25

Chapman v California, 386 US 18, 24 ---- 19

Christianson v Colt, 486 US 800, 818 ------ 19

CLINE, 10 OR 230 ---------------------- --- 7

COCHRAN, 55 OR 157 ---------------------- 7

Cooke v. U.S. 267 US 517, 539 ------------- ey

Crawford v. U.S. 212 us 183, 196 --------- 12

Douglas, 380 U.S. 415 _ ------------------ 4.6,17

Ford v. Georgia, 498 US 411, 423 ---------- i3

Gibbs, 383 US 715 -----------------+-------------- 18

HARRIS, 599 P.2d 456, 458 ----------------- 14

HART 699 P2d 1113 ---------------------- ~e- 5

Heller, 554 US ___ (2008) --------------------- 20

Hildreth’s Heirs - 1J.J.Marsh 206 (1829 Kt)- 6

HITZ, 766 P.2d 373, 376 (1988 OR) ------- 13

Honda Motor Co. v. Oberg, 512 US 414 - 8

In re AH LEE, 5 F. 899 _ ----------------- 1,7

In re Murchison, 349 US 133 ---------------- 12

Johnson v Avery, 89 S. Ct. 747 -------------- 18

LaChance v Erickson, 522 U.S. 262, 266 ----- 5, 15

Lee v Kemna, 534 US 362 ------------------- 15,16,17

18,19

Lincoln Loan v City of Portland, No.06-790 - 29

Vi

Lilieberg , 486 US 837 ------------------------ 15

Logan v. Zimmerman, 455 U.S. 422 ---- 5

LUTZ ET,1320R185 — ----------------- 1,19{S}

Marbury v. Madison, 1 Cranch 137, 177 - 1]

Maty, 303 US 187 (1938) ----------------------- 18

Mayberry v. Pennsylvaniz 400 US 455 - - 12

Melo v U.S. 505 F 2d 1026 ------------------.-- 19

Microsoft, 503 US 1301 -----------------+------- 25

NAACP v. Alabama, 357 US 449 ---------- 13, 18

Nemaizer v Baker, 793 F 2d 58, 65 ---------- 22

New York v. U.S., 505 U.S. 144 ---------- 4

Oberg, 512 US 414, 430 (1994) -------- i.8

O’Neal, 512 US 482 ----------------------------- 19

Osborne v Ohio, 495 US 103, 125 ---------- 16, 19

Owen v Independence, 445 us 622 ----------- 18

Philip Morris v. Williams No.07-1216 ----- 24

RE CONDUCT OF COLIER, 295 OR 320- 16

Reid, 354 US 1& Ryder, 515 US 177 ---------- 22

Scheuer v- Rhodes, 416 US 232 ---------------- 18

SMOTHERS, 332 OR 83 ------------------------ 17

State AMICI in Philip Morris No.07-1216- 21

STATE V. COCHRAN, 550R 157 © -------- i

STATE v DOERN, 967 P.2d 1230 ---------- 13

STATE EX REL. LINCOLN LOAN V. COURT - 8

STATE v MACK, 183 P.3d 191, 194 ------- 13

STATE v MARTIN, 897 P.2d 1187 -------- 14

STATE v PALMER, 35 OR APP 125 -------- 18

Taylor v. Hays, 418 US 488 ----------------- 12

Texus v White, 74 US 700 (1868) ------------ i

U.S. v Tuttjung, 235 F 3d 330, 335 ---------- 22

Wechsler, 263 U.S. 22, 24 ------------ -eeeee 6

Yates, 484 US 211 -----------------------+-----+- 10

Vii

The State of Oregon Constitution -------- Inclusive

BILL OF RIGHTS .-------------------..--- . 19

ARTICLE VII ------------------------- 45 ey O

ORS 1.002 ---------------------------------------- l

ORS 31.731 ---)--------------------- ere rere ener ee 21

ORCP 15B(2) --------------+------------ 220222222 14,16

ORCP D4B www nnn enn nnnnnn nnn nnn nne ene een nn ee 17

The United States Constitution ----------

ARTICLE III il

ARTICLE IV wwwnn nee e eo eee eee 3,

ARTICLE VII ~~ -----+-------------

ARTICLE XIII ___}------------------

AMENDMENTS

ARTICLE FIRST | ------------------- 22

ARTICLE FIFTH ------------------- 22

ARTICLE SEVENTH = ---------- 22

ARTICLE FOURTEENTH --------- 22

The FEDERALIST No. 80 ----------------- 3

The FEDERALIST No. 83 ----------------- 23

IM. FARRAND, THE RECORDS OF THE FEDERAL

CONVENTION OF 1787 (rev. ed. 1937)- - 4

W. WIECEK, GUARANTEE CLAUSE ch.2- 4

16B.C.Wright, A. Miller, & E. Cooper, Federal Practice

and procedure Sec. 4027,(2d ed. 1996) ------- 10

PETITION FOR WRIT

Petitioner MOVES for Disinfection, of an

INFECTION of the spinal column ofthe Law of the Land.

Therein, redress from loss of constitutional protections

and remedy related to physical injuries.

OPINIONS BELOW

Petitioner Hart sued for remedy from bodily

injury, caused by negligence (or deliberate disregard)

and subsequent contract violations by SAFEWAY Inc.

CIRCUIT 'COURT’ de-facto in Oregon situated defendant

beyond jury trial(suit); CIRCUIT transcript - p.13.

“T don’t think I have any choice under the

circumstances . . . motion to dismiss the

complaint will be allowed.” App. 1, 2 Aug 3 '06.

Petitioner appealed and filed opening brief, then was

compelled by late introduction of transcript to move to

correct transcript. CIRCUIT argued lack of jurisdiction

to correct transcript; App 3, (see App 5).

APPEALS'COURT’ de-facto admits unlaw fulness of

'ITS' existence is a valid argument; then rejected

Petitioner's challenge that their bias rises to the level

mandating recusal under Federal Law; App 5; 6; 7.

“Appellant’s objections are overruled, and

respondent is awarded... $721.28.” For Hart’s

criminal Contempt of 'COURTS'; App 4; 11.

7/30/07 - 1/11; 4/16; 6/30; 8/25;10/3; 12/10/08- 4/8/09:

SUPREME 'COURT' de-facto: (1)denied review; App 10.

(2)Reconsideration denied; App 8; 9. (3)Petitioner on

review’s declaration, and recusal denied: App 12.

BASIS FOR JURISDICTION IN THIS COURT

The denial of Federal Constitutional Rights by

highest TRIBUNAL in Oregon affirming APPEALS

‘COURT’s' denial of Federal Rights was opened and

reaffirmed by TRIBUNAL’s order dated April 8, 2009.

A petition for remedy was filed to this Court

within 90-days of date of (12/10/08) affirming. The

Clerk's office remanded with directives to modify.

When THIS STATES highest TRIBUNAL (a.k.a. SUPREME

COURT) in Oregon finalized by reaffirming denial of all

remedy, this Court's Clerk indicated “clock reset on

timeliness.”"App 12. Regardless, petition is timely;

submitted within 60-days of this Court's remand.

This Court has jurisdiction pursuant to the

United States Constitution inclusive; and 28 U.S.C. §§

1651; 1254(1); 2101; 2106; 2201; 2241& 2; 2254; 1257;

Act of 1789; 237: 42 § 1983. R. of U.S. Civ. P. 60(b).

PROVISIONS INVCLVED

See App [C] 13 to 15 specifically: ARTICLES: I; IV; VI

and AMENDMENTS: I; IV: V; VII; XIII; XIV.

RULE 60. Directing:

RELIEF FROM A JUDGMENT OR ORDER

(b) Grounds for Relief froma Final Judgment,

Order, or Proceeding. On motion and just

terms, the Court may relieve a party or its legal

representative from a final judgment, order, or

proceeding for the following reasons: App 16.

BRIEF - ON JURISDICTION

The Framers of the Constitution, for the People,

of the United States of America, intended that Our

supreme Court Justices’ [ARTICLE II]}-

“Judicial Power shall extend to all Cases, in Law

and Equity, arising under this Constitution, the

Laws of the United States, ... Controversies

between a State, or the Citizens thereof, and

foreign States, Citizens or Subjects.”

THE FEDERALIST No. 80; Alexander Hamilton:

“The reasonableness of the agency of the national

courts in cases in which the State tribunals

cannot be supposed to be impartial, speaks for

itself. No man ought to be a judge in his own

cause, or in any cause in respect to which he

has the least interest or bias. This principle has

no inconsiderable weight in designating the federa!

courts as the proper tribunals for the determination

of controversies between different States and their

citizens. And it ought to have the same

operation in regard to some cases between

citizens of the same State.”

United States Constitution ARTICLE IV, § 4.

In a letter (April, 1787) to Randolph, James Madison

suggested that “an article ought to be inserted

expressly guaranteeing the tranquility of the states

against internal as well as external dangers

[usurpation]. Unless the Union be organized efficiently

on republican principles innovations of a much more

objectionable form may be obtruded.”

Randolph wanted to stipulate “that no State be

at liberty to form any other than a Republican Govt.

Wilson then moved, “as a better expression of the idea,

almost the present language of ARTICLE IV, Section

4, which was adopted. 1 M. FARRAND, THE

RECORDS OF THE FEDERAL CONVENTION OF

1787 193-194, 206 (rev. ed. 1937). Randolph asserted:

“The Resoln. has 2 Objects. (1.) to secure Republican

Government. (2.) to suppress domestic commotions.

He urged the necessity of both these provisions.”

Following speakers alluded to the dangers of monarchy

being created peacefully as necessitating the provision.

See W. WIECEK, GUARANTEE CLAUSE ch. 2 (1972).

No ‘political question’ relating to which of two

governments is de jure - exists, herein. Because,

whether a party preserved a constitutional claim Is a

question of federal law. See, Douglas, 380 U.S. 415,

422: Atlantic Line, 332 U.S. 168, 173 (1947). If

political overtones intrude, this Court raised, without

deciding, the possibility that the guarantee clause is

justiciable; interpreter of “domestic Violence” as a

restraint on states. New York v. United States, 505

U.S. 144, 183-85 (1992): Asheroft, 501 U.S. 452, 463

Action of APPEALS COURT de-facto in Oregon was

in contravention of ARTICLE VI, U. S. Constitution,

notwithstanding, 1s depriving plaintiffin error ofrights

without due process of law, in violation of the

Fourteenth Amendment; also, in contravention of the

Fifth Amendment. This Court (also) has jurisdiction

under section 709 of the Revised Statutes.

Petitioner asserts that CAREY, 203 OR APP 399

and 342 OR 530 are “abrogations, repugnant to the

United States Constitution.” In that, biased persons

deciding CAREY allege to enact ‘SEVEN AMENDMENTS ' in

a signal so-called Article by extrajudicial! FIAT.

Thus, petitioner in aid of this Court's

Jurisdiction, challenges said statute on the grounds

that ‘IT’ supplants, unlawfully replaces via_ plain

usurpation, the State of Oregon, causing bias so-called

JUDICIAL ACTS in his common law action. The core of

Due Process a “meaningful opportunity to be heard,”

(LaChance, 522 U.S. 262, 266) is obstructed.

Under the Constitution, one of this Court’s

characteristic roles is to interpret the Law. To shirk

this responsibility. merely because of significant

political overtones, would so shock the American

public, the World, as tu destroy confidence in the

\Inited States of America

This Court held that Due Process protects all

“civil litigants who seek recourse in the courts, either

as defendants hoping to protect their property or as

plaintiffs attempting to redress grievances.” Logan v.

Zimmerman, 455 U.S. 422, 429 (1982). As stated in

Boddie v. Connecticut, 401 U.S. 371, 377 (1971), “due

process requires, at a minimum, that absent a

countervailing state interest of overriding significance,

persons forced to settle their claims of right and duty

through the judicial process must be given a

meaningful opportunity to be heard.” Also, to protect

offenders from violent retaliation (See 699 P2d 1113).

6

This Court should intervene as the procedural]

bar invoked in Oregon is not an adequate state ground

for ‘JUDGMENT’. The adequacy of a state law bar to a

due process challenge is “itself a federal question.”

Douglas, 380 U.S. at 422.

The sufficiency of a state-law procedural rule to

bar a federal constitutional claim turns not on the state

court's characterization of that rule but rather on

whether the rule meets the established constitutional

standards foradequacy. As Wechsler, 263 U.S. 22, 24

explained:

“Whatever [traps THIS STATE] springes the State may

set for those who are endeavoring to assert rights that

the State confers, the assertion of Federal rights,

when plainly and reasonably made, is not to be

defeated under the name of local practice.”

In the words of Hildreth’s Heirs v. M’Intire’s

Devisee, 1 J.J.Marsh. 206 (1829 Kt): There is no

[Oregon] government in action, excepting GOVERNMENT

de facto; because all the attributes of sovereignty, have.

by usurpation, been transferred from those who had

been legally invested with them, to OTHERS, who,

sustained by a power above the forms of law, claim to

ACT, and do act in their stead.

Federal judges should give consideration to

lawful state court decisions, but they must find for

themselves the state law if highest tribunal in a State

has spoken in contravention of Law, or decided within

a period or manner which raise questions about the

continued viability of the decision.

7

CAUSES FOR PETITION

Petitioner Hart attacks (in every proceeding in

Oregon (when bias infects)) the validity of pretend

‘COURTS' de-facto that supplant the State of Oregon.

Usurpers argued that even if their so-called

APPEALS “COURT de-facto” does not exist in Law, they

are not disqualified, by Federal Law from obstructing

his appeal and denying Hart all rights to remedy in his

bodily injury case. Moreover, these usurpers imposed

acriminal contempt fine of $721.28, to obstruct Hart's

Federal First Amendment protected activities.

An 1878-ACT, held to be unconstitutional (In re

Ah Lee, 5 F. 899), by which the Oregon Suprume[SIC]

Court was unlawfully replaced (supplanted) by a new

Supreme 'COURT' (CLINE, 10 OR 230); created what was

arguably an inferior TRIBUNAL subject to Circuit Court

supervisory control; see. Oregon ARTICLE. VII § 9.

As COCHRAN, 55 OR 157, recognizes, said inferior

tribunal status was negated by usurping (unlawfully

replacing) the State Constitution with ‘ARTICLE SEVEN

(AMENDMENTS). See., App 17 to 34 [{S} 1 - 18].

Said (AMENDMENTS), usurped all of the State of

Oregon Government with GOVERNMENT de-facto. By

supplanting the Constitutional Courts with 'I'ls' own

'COURTS' de-facto, THISSTATE (as) GOVERNMENT de-facto

took on the appearance of, and acts in some ways as,

the State of Oregon Government; with the exception

that no checks and balances on THIS STATE

Confederation (super-legislature 'COURT’) exist.

8

GOVERNMENT de-facto in Oregon is unique in the

United States “for abrogation of well established

common law protections against arbitrary depravation

of property raising the presumption that 'TTS'

procedures violate the Due Process Clause.” Honda

Motor Co., v. Oberg, 512 US 414, 430 (1994); STATE EX

REL RICO, 355 P.2D 105 (1953) (“We may just as well

face the facts of judicial life in Oregon. They are not

the same as in other states - our courts do not exercise

all the inherent powers of the common law). App 28.

By holding in CAREY V. LINCOLN LOAN CO., 203 OR

APP 399; 342 OR 530 (2007), that 'ARTICLE SEVEN

(AMENDMENTS)' is now LAW, THIS STATE’s JUDGES and

JUSTICES decreed THEMSELVES as super-legislature.

Said loss of a Republican Form of Government,

in Oregon, is established by CAREY (SUPRA), unless the

United States Government entered into a treaty

recognizirig GOVERNMENT de-facto’s Confederation in

Oregon as de jure. See also, STATE EX REL. LINCOLN

LOAN Co., V. COURT OF APPEALS, 336 OR 9 (2003).

The United States Congress’ mere recognition of

Representatives is not sufficient, nor is “implied

subsequent verification’ by subjects acting as

LEGISLATIVE BRANCH, as the U.S. Constitution’s bar is

absolute - on such abuse of power for personal gain.

Hence, petitioner Hart, moved for a finding of

facts and law (Declaration) on his Federal rights; filing

a demand Complaint seeking recusal of the so-called

JUDGES/JUSTICES he has publicly embarrassed.

9

The continued failure of THIS STATE’s supreme

JUSTICES to show cause for jurisdiction, while arguing

jurisdiction de-facto, embroiled us in public displays of

my contempt for 1HEM; removing any possibility that

THEY are without bias in any case in which I am a

party. Petitioner now seeks redress, via equity, or

mandamus, in the only Court available.

“Even if CAREY [V. LINCOLN LOAN CO., 342 OR

530] does not dispose fully of [our bias] appellant’s

argument regarding the [un}lawfulness of the existence

of this court, the court rejects appellant’s argument

that his challenge means that the judges of the court

[de-facto*f/n] have such a personal interest in the

challenge that they are disqualified [for bias under

Federal Law] from deciding the appeal.”

(*F/N) See footnote-5 CAREY, [App {S} 29].

Paraphrasing Justice Scalia: Perhaps the Court

is so enamoured of judges in general that it forgets that

they are officers of the Government, and hence proper

objects of that healthy suspicion of the power of

government to corrupt, which possessed the Framers

and is embodied in the Constitution; an obligation on

U. S. Citizens too impose as a check and balance to

preserve the Union.

This Court’s cases use a variety of phrases to

describe when a State’s process is “adequate” or

“inadequate” to preclude federal court review. These

phrases form a haphazard patchwork that has drawn

considerable public criticism.

10

A coherent formulation of law which takes into

account the underlying policies, the Constitution, and

is consistent with most current precedents, is needed.

A palpable rule, which petitioner believes would

resolve his case, is one along the lines proposed by

Professor Wright, et al. That is:

A 'pro se' should have notice that a rule exists

and applies to his situation and ought to have a

reasonable opportunity to present all federal

claims. See 16B C. Wright, A. Miller, & E.

Cooper, Federal Practice and Procedure Section

4027, pp. 386- 387, 392 (2d ed. 1996).

This formulation would give states latitude to

form and enforce their own consistent procedural rules

for the presentation of claims, state and federal. It

would also enable the federal courts to step in when

state rules are manipulated to evade federal law, to

discriminate against federal rights, or to facilitate

invidious discrimination against disfavored

Individuals. Petitioner's questioning jurisdiction

makes him a Contemnor of COURTS de-facto.

Federal principles allow - because of cause and

prejudice - this Court to consider whether Justice was

served by JUDICIAL DEPARTMENT in Oregon. Since THIS

STATE’s 'COURTS' considered the merits of the federal

claim, the U.S. supreme Court has a duty to grant the

relief that federal law requires. According to, Yates.

484 US. 211. .

Fair trials are too important a part of Our free

society to let ACTIVISTS pretending to be judges

enact ‘CONSTITUTIONAL’ changes THEY prefer.

1 |

One of the indictments of the Declaration of

Independence against King George III was that he had

"subject[ed] us to a Jurisdiction foreign to our

Constitution, and unacknowledged by our Laws" in

approving statute law "(flor depriving us, in many

Cases, of Benefits of Trial by Jury" (in bias-COURTS).

There are cases indicating that no denial of

Federal rights occurs, by unconstitutional ACT, if the

highest 'STATE-COURT' de-facto holds ITSELF to be de

jure. Some Federal cases hold unconstitutional ACT

creating 'COURT' de-facto makes person assuming to act

a 'judge' de-facto. Other cases hold no government can

lawfully subject individuals to unrestrained arbitrary

exercises of government powers. {Marbury} To what

purpose are powers limited, and to what purpose are

American Constitutions (in writing) if these limits

may, at any time, be passed by those intended to be

restrained. Which case is right - Law? App 20.

The provision is not that no State shall pass an

ACT impairing the obligation of contracts (unless by

subsequent implied verification the people can be

assumed to have acted), for that power is absolutely

inhibited to any state. An ACT in conflict with the

supreme Law of the Land is a nullity (void). And is it

not equally clear that provisions contained in a State

Constitution which subject the State obligations to an

unconstitutional control can not be obligatory? Hence,

Petitioner as Contemnor claimed that ACTS used to

deny him a Court of Law impair the obligations of

contracts. This claim, as such, is an appeal to the

United States Constitution.

12

This Court held recusal mandatory: Jn _ re

Murchison, 349 U.S. 133; Mayberry v. Pennsylvania,

400 U.S. 455: Taylor v. Hayes, 418 U.S. 488.

Recognizing that Due Process hars a ‘judge' from

“awarding costs” when the contemnor and 'JUDGE'

become “embroiled in a running controversy.”

The first law a judge must apply is the

Constitution as defined by those who agreed to it.

Judge, therefore, must declare in support of the Law:

otherwise, COURT becomes de-facto; 'JUDGE' a usurper.

“Care is needed to avoid arbitrary or oppressive

conclusions” (Cooke v. United States, 267 U.S. 517,

539). See, Crawford v. United States, 212 U.S. 183,

196: (‘Bias ... might exist in the mind of one... who

was quite positive that he had no bias”). American

cases or controversies jurisprudence is based on laws,

irrespective of the character of litigants, or the

personal predelictions of judges.

Causes to be decided:

(1) Is CIRCUIT dismissal predicated on bias, or was

dismissal otherwise in violation of Federal Due Process

of Law: in that dismissal was an excessive award to

defendant SAFEWAY Inc., t.e., defendant beyond suit?

(2) Ifbias had not existed in APPEALS COURT de-facto

against petitioner, is there some logical argument for

APPEALS COURT'’s ACTS in visclation of the State of

Oregon and the United States Constitutions?

(3) Can lawful or de-facto officers enact constitutional

changes that result in affirming the creation of their

COURT without violating Due Process of Law?

13

STATEMENT OF THE CASE

This case involves the adequacy of notice, for due

process purposes, when Defendant’s Counsels makes

fraudulent ex-parte statements to obtain dismissal of

lawsuit obstructing Plaintiffs right to a jury trial.

Therein, the right to notice and a meaningful

opportunity to be heard. Petitioner's Natural and

Constitutional Rights are violated by application of

procedures in Oregon that are above the Law of the

Land.

A state rule that is novel or applied

inconsistently is inadequate to preclude consideration

of a federal claim. See, e.g., Barr v. City of Columbia,

378 U.S. 146, 149 (1964); NAACP v. Alabama ex rel.

Patterson, 357 U.S. 449, 457-58 (1958). “Novelty in

procedural requirements cannot be permitted to thwart

review in this Court applied for by those who, in

justified reliance upon prior decisions, seek vindication

in state courts of their federal constitutional rights.”

Ford v. Georgia, 498 U.S. 411, 423 (1991). Indeed,

even where a state procedural rule is “sensible” in the

abstract, Ford, at 422, it cannot bar consideration of a

federal claim if it is not applied “evenhandedly to all

similar claims.” Hathorn 457 U.S. 255, 263 (1982).

HITZ, 766 P.2d 373, 376 (1988 OR): (EfScient

procedures are instruments for, not obstacles to,

deciding the merits.”). “[W]here the broad legal issue

has heen adequately identified to the trial court, the

issue will be preserved for purposes of appeal. STATE

V. MACK, 183 P.3d 191, 194 (2008 OR APP).

14

Said, is true even if counsel has not identified

“the source for his position,” STATE V. DOERN, 967 P.2d

1230, 1233 (1998 OR APP), or “ma[de] an argument in

support of [it].” STATE V. MARTIN, 897 p.2d 1187, 1189

(1995 OR APP). Discussion between the court and

counsel is deemed sufficient to “find that the issue was

brought to the trial court’s attention.” HARRIS, 599 p.2d

456, 458 (1979 OR).

SAFEWAY’s Counsel fraudulently argued ex-

parte, see “TRANSCRIPT OF PROCEEDINGS ON APPEAL”

(T/S), that petitioner obstructed process:

T/S P. 4. “He put forth a series of stipulations

including that after every single answer he gave, we

then had to stop and give him a written interpretation

of what our interpretation of his answer meant. And

he proceeded to say that if the judge ruled against him

.and kept him from those stipulations that he would

refuse to participate in the deposition.”

SAFEWAY Counsel’s fraud upon CIRCUIT biased

processing in-favor of dismissal. Petitioner’s failure to

file his second amended complaint within 10-days, was

not the controlling function of dismissal. CIRCUIT

waived ORCP 15 B(2) by not complaining when first

amended complaint was not filed within 10-days; had

CIRCUIT believed 10-day limitation applied ‘IT’ would

have so-stated when it directed petitioner to remove

one-line-of-text from first amended complaint.

SAFEWAY Counsel's ex-parte fraud, declared on

appeal when -“TRANSCRIPT OF PROCEEDINGS ON APPEAL”

was introduced, after petitioner's opening brief filed.

15

CIRCUIT dismissal was affirmed without

comment; appeals 'COURT' Counsel advised petitioner

to “look at what defendant asked for.”. SAFEWAY

requested: “The trial court’s judgment should be

affirmed because plaintiff has not preserved his claim

of error.” Even if no claim of error was preserved, a

contention denied by Petitioner, the bias infection of

Counsel’s ex parte fraud was not discoverable until

after appeal was taken; therefore, “plainly untenable.”

Appeals 'COURT' de-facto demonstrated 'ITS' bias

against petitioner in a number of ways but few rise to

the level of denying a party a jury trial because he

failed to raise an issue prior to appeal, that could not

be raised until discovered on appeal. If 'THEIR' illogic

is carried to the extreme, in THEIR DEPARTMENT de-

facto, a party must complain about a_ possible

appearance of bias prior to any knowledge.

This Court's review in Liljeberg, 486 U.S. 837,

counters said illogic. In Oregon a party may challenge

jurisdiction at any time. The “fundamental

requirement of due process” is “the opportunity to be

heard’ at a meaningful time and in a meaningful

manner.” LaChance v. Erickson, 522 U.S. 262, 266.

In Lee v. Kemna, 534 U.S. 362, 376 (2002), this

Court noted “exceptional cases in which exorbitant

application of a generally sound rule renders the state

grounds inadequate to stop consideration of a federal

question.” The Court identified three considerations

that led it to conclude that Lee's case fit that mold.

Each of those three factors apples with at least equal

16

force to denial of petitioner Hart's Due Process Rights

and/or protection.

First, “when the trial judge denied Lee’s motion

-- judge stated a reason that could not have been

countered.” Jd. at 381. To Hart’s CIRCUIT statements:

“[E]ven the paperwork that they filed requesting this

dismissal tends to indicate that dismissal of the case

would not really be within the limitations that allow

for a right to a remedy under these circumstances. In

other-words, a denial of such - of all remedies.’ T/S P.

11. CIRCUIT responded, T/S P. 13.

“| don't think I have any choice under the

circumstances. Defendant's motion to

dismiss complaint will be allowed.”

See, Osborne v. Ohio, 495 U.S. 103 (1990),

“ee

[W]e may reach Osborne’s due process claim .. .. The

trial judge, in no uncertain terms, rejected counsel's

argument that the statute was overbroad.”

Second, the Court noted in Lee that “no

published .. . decision directs flawless compliance”

with the state rules cited. Jd. at 382.

Again, the same is true here. SAFEWAY moved

for dismissal under ORCP 15B(2) claiming “Plaintiff

simply has not amended his pleading within the time

[10-days] required under the rules.” However, ORCP

15B(2) “is procedural, not substantive [essential], and

intended to apply to disciplinary matters only.” Citing:

IN RE CONDUT OF COLIER, 295 OR 320, (1983). See

BURKHOLDER V STATE 1.A.C. 242 OR 276; (“a trial COURT

may, in its discretion, allow a reply to be made after

17

the time limited by the procedural statutes.) Which is

why SAFEWAY switched on appeal to seek dismissal

under ORCP 54B.

Third, the Court explained in Lee (/d. at 385) the

defendant “substantially complied” with the state rule

by asking for a_ continuance. Even a rule of

“undoubted legitimacy’ ceases to be a bar where it 1s

“substantially met” by invocation of a federal right.

Here, THISSTATE’'s 'RULE' was substantially met

by (See T/S P. 12.):

“I would prefer to continue with an amendment to

the complaint, and try to comply with the

(indiscernible) that are set forth under amending

that complaint, that have already been set forth.”

The unanswered question raised by said

“indiscernible” 1s why did CIRCUIT hold that dismissal!

was mandatory (“I don’t think I have any choice under

the circumstances’) when the U.S. Constitution and

the State remedy clause - State of Oregon Constitution,

Article I, BILL OF RIGHTS, § 10, counters dismissal:

“As to those rights, the remedy clause provides, in

mandatory terms, that remedy by due course of law

shall be available to every person in the event of

injury. SMOTHERS: 332 OR 83 (2001). Douglas, 380 @

422: “Anobjection which is ample and timely to bring

the alleged federal error to the attention of the

trial court and enable it to take appropriate

corrective action 1s sufficient to serve legitimate

state interests, and therefore sufficient to

preserve the claim for review here.”

1s

Lee’s three considerations are applicable to Hart's

Complaint about bias appellate review in Oregon:

First, the dismissal of Lee’s motion, “stated a

reason that could not have been countered.” When

Appeals 'COURT' de-facto demonstrated bias, redress

via recusal was filed. TJ'HEIR response acknowledges

bias: “Even if CAREY does not dispose fully of

appellant's argument regarding the lawfulness of the

existence of this COURT.” 'COURT' de-facto’s JUDGES

argued that their bias is allowed: “COURT rejects

appellant’s [contemnor’s] arguments that his challenge

means that the judges [usurpers] of said COURT |[de-

facto] have such a personal interest [bias] in the

challenge that they are disqualified from deciding the

appeal’ by Federal Law. [App 6; 7.]

See; Owen v. Independence, 100 S.C.T. 1398, 445 US

622: Officers of the court have no immunity, when

violating a Constitutional right, from liability. For

they are deemed to know the law; and:

Scheuer v. Rhodes, 416 U.S. 232 (1974) Expounds

upon Owen: “A bill of attainder...'ACT which inflects

punishment without judicial [lawful] trial”

Second, in Lee - no published state decision

directs flawless compliance with rules. Even if, STATE

V PALMER, 35 OR APP 125 (“defendant appearing pro se

must inform himself of and comply with court rules”)

is extended to civil plaintiffs, this application violates

federal due process. See, NAACP, 371 U.S. 415; Gibbs,

383 U.S. 715; and Johnson v. Avery, 89 S. Ct. 747

(1969) - Maty, 303 U.S. 197 (1938)

1Y

"Pleadings are intended to serve as a means of arriving

at fair and just settlements of controversies. They

should not raise barriers which prevent the

achievement of that end. . . a just judgment."

Third, Lee “substantially complied” with the

state rule by challenging the ruling in clear terms.

See: Christianson v. Colt.. 486 U.S. 800, 818 and Melo

v. U.S. 505 F 2d 1026: “Once jurisdiction is challenged.

the court cannot proceed when it clearly appears that

the court lacks jurisdiction, the court has no authority

to reach merits.”

See Osborne v. Ohio, 495 U.S. 103, 125 (1990)

(an objection which is ample and timely to bring the

alleged federal error to the attention of the lower court

and enable it to take appropriate corrective action is

sufficient to serve legitimate state interests). Herein,

appeals 'COURT' application of a stricter rule serves no

legitimate state interest and is therefore inadequate as

a matter of federal law. “[A] federal constitutional!

error can[not] be held harmless [unless] the court [is]

able to declare a belief that it was harmless beyond a

reasonable doubt.” Chapman v. California, 386 U.S. 18.

24 (1967). O'Neal, 513 U.S. 432 applies the Chapman

standard, “civil and criminal harmless error standards

do not differ in their treatment of grave doubt as to the

harmlessness of errors affecting substantial rights.”

The State of Oregon Constitution also precludes

LAW impairing obligations of contracts. Article I, BILL

OF RIGHTS, Section 20: Section 21: Section 22, limits

suspension of laws to “Authority of the Legislative

20

Assembly:” Section 17, guarantees jury will decide

facts relating to injury and standing of parties; Section

10, § 1, 1s a_ prohibition guaranteeing de-jure

Constitutional Courts. Article IV, § 20: CAREY, 342 OR

530; - ENACTMENT via IMPLIED VERIFICATION - “shall be

void” - not in title of sub-ACT 'amendment' of VOID.

Oregon; ARTICLE I - BILL OF RIGHTS,

Section 17. Jury trial in civil cases.

In all civil cases the right of Trial by Jury shall remain

inviolate. Federal Law guarantees jury trial.

PRINCIPAL APPLICATION OF RULE OR LAW

(HELLER, 554 U.S. (2008)]:

The very enumeration of rights in Constitutions takes

out of the hands of government including judiciary

the power to decide on a case-by-case basis whether the

right is realiy worth insisting upon. Constitutional

rights are enshrined with the scope they were

understood to have when the People announced them.

Therefore, it is not up to future legislatures (temporary

voting majorities) or future judges to decide that the

Law is too broad or limiting.

REMEDY

The U.S. Supreme Court must fashion Equity

when what operates as State 'COURTS' are biased. As

remand to THISSTATE has resulted in a disability of the

U.S. supreme Court to carry a judgment into effect.

U.S. ARTICLE IV, Section 4, Subsection 2, dictates

action when the Court, expounding on_ the

Constitution, defines domestic Violence. Domestic

Violence, mandates Legislature or Executive action.

21

a

Hence, remedies in Hart’s case should be segmented,

assuming the Court defines domestic Violence, as

supplanting the State (People) of Oregon.

“The State AMICI in PHILIP MORRIS v.

WILLIAMS, No. 07-1216: “notes that, by statute, THIS

STATE is entitled to a portion of the punitive damages

award” REv. Or. Stat. § 31.731. “#.E.. JUDICIAL

DEPARTMENT’s controller (OR. SUPREME COURT) has

about one hundred million reasons not to reduce that

punitive damage award. Loss of judicial integrity is

not limited to Oregon; see, No. 08-22, MASSEY COAL.

REASONS FOR GRANTING THE WRIT

It is the function of the United States supreme

Court, as the interpreter of the Constitution of

America, to say what is or 1s not “domestic Violence”

and to protect judicially the Constitution, thus, to

restrain the power of government(s) to corrupt.

Where errors of constitutional dimension occur,

judgment shall be vacated as void. Fed. Rule 60.

Purported judgments rendered by incompetent COURTS

de-facto are nullities and absent reversal deprive

parties of fundamental property rights and procedural

Due Process of Law. In order to render a judgment, a

court must be vested with some portion of the judicial

power limited by the sovereign People; otherwise the

proceeding is not a judicial proceeding and cannot yield

a judgment that can be carried into effect lawfully. As

enabled in this Court's decisions on when recusal is

mandatory.

i)

nN

The source of all judicial jurisdiction in Oregon

is found in the State Constitution and laws enacted in

comphance with the Constitution(s). Unlke the

United States Constitution, ARTICLE VII [original] of

the Oregen Constitution does not grant power to any

branch to create secret (undisclosed) courts. App 21.

The Oregon Constitution, as approved by the

U.S. Congress, prohibits what currently exists as super

legislature’s shadow GOVERNMENT de-facto that

supplants the State of Oregon in the form of 'SUPREME

COURT’s' JUDICIAL DEPARTMENT. App 22.

This Court’s holdings (Reid - Ryder) recognize

that legislative and judicial encroachments on the

jurisdiction of civil (common law) and military courts

as to deprive a party of the right to jury trial or

otherwise impose possibie bias of our treasured

constitutional protections (contained in U.S. Article III,

and the First, Fifth, and Sixth Amendments), “which

were designed to protect persons from oppressive

governmental practices” are unconstitutional. Jd., 354

US 1 at 21-22 and 515 US 177. App 19.

Therefore, ACTS of shadow GOVERNMENT de-facto

are repressible in this Court because a void judgment

occurs where there is a plain usurpation of power. See

United States v. Tuttjung, 235 F3d 330, 335 (7'" Cir

2000), cert den 533 US 931, 121S Ct 2554, 150 L Ed 2d

721 (2001) (Judgment is void if court entered a decree

“not within the powers granted to it by the Law’):

Nemaizer v. Baker, 793 F2d 58, 65 (2" Cir 1986) (“no

arguable basis’ for jurisdiction exists).

23

Petitioner has cited Constitutional violations

(1st, 5th, 7th, and 14th Amendments, and A. IV § 4,

the U.S. Constitution). This then is a writ of error to

what pretends to be the Supreme Court of Oregon, 'IT'

being highest tribunal supplanting the State of Oregon

(ORS 1.002); for denying review of APPEALS 'COURT's'

claim to jurisdiction - based on CAREY 342 OR 530.

Thus, the question is the validity of usurpation

of the State of Oregon Constitution. That-is-to-say,

creation in CAREY 203 OR APP 399 and CAREY 342 OR 530

(2007) of a new means by which shadow GOVERNMENT

de-facto can 'AMEND' the State and _ Federal

Constitutions. App 30.

Said ACTS being repugnant to the United States

Constitution, and the resulting denial of Due Process

being against the title, rights, privileges, or exemptions

specially set up-and claimed by Hart; this Court should

proceed under Article III, Original Jurisdiction (State

ex rel) and inform the Legislature or Executive, as the

taint from Oregon is infecting the spinal column of

American democracy. 1

' The Federalist No. 83, p. 426 (M. Beloff ed. 1987).

Alexander Hamilton wrote that "[t]he friends and

adversaries of the plan of the convention, if they agree

in nothing else, concur at least in the value they set

upon the trial by jury: Or if there is any difference

between them, it consists in this, the former regard it as

a valuable safeguard to liberty, the latter represent it as

the very palladium of free government."

24

This concern to the exercise of appellate

jurisdiction exists as Petitioner is a Citizen of the

United States, residing in Oregon, and Respondent

THIS STATE’S SUPREME 'COURT' de-facto supplanting

Oregon, is GOVERNMENT de-facto. Which in case

number 07-1216 (Philip Morris v. Williams), has

refused to follow this Court’s remand.

Ergo, this Court's lack of ability to compel

appears to require application of Original Jurisdiction

or Mandamus to the U. S. Legislature or Executive,

should this Court find the ACTS in Oregon to be

“domestic Violence.”

CONCLUSION

When the 13-Colonies asserted the Laws of

Nature (being defined by developing common law) as

superior to the King’s Law, by ARTICLES OF

CONFEDERATION they created a GOVERNMENT de-facto.

This usurpation, believed to be a better form by the

Colonist, was acknowledged by the King of England in

exchange for all mineral rights in America. Ergo,

GOVERNMENT de-facto became de jure.

However, said Articles of Confederation did not

restrain human nature, so persons in public offices

abused power for their own (KINGLY) benefit. The

Founders resolved most forms of abuses of the People

when the United States Constitution of America

replaced the Confederation, thus guaranteeing a

separation of powers of Government and providing

checks on abuses of trust by public officers.

25

However, if State Constitutions can be changed

as alleged in CAREY 203 OR APP 399 and 342 OR 530,

what then prevents a temporary majority from a

hostile nation (or corporation) from usurping a State

and supplanting the State Constitution?

And, if they are successful, what is to prevent

said hostile majority from continuing the process in

another State? Eventually, if this process is allowed

to continue, the Federal Courts will be compromised by

members hostile to the interests of the People of the

United States of America; invoking involuntary

servitude, such as now prevails in Oregon. App 18.

ARTICLE IV, charging “the United States shall”

does not exempt the Judicial Branch from explaining

what is or is not “domestic Violence.” This Case

provides an opportunity to enlighten the World on why

the Founders believed the United States of America’s

experiment of restraint on human nature can and

should continue (to prevent violence). App 34.

SHOCKINGLY EXCESSIVE

The decision whether a judge's impartiality can

“reasonably be questioned” is to be made in light of the

facts as they existed, and not as they were surmised or

reported. See, Microsoft, 503 U.S. 1301.

Petitioner filed Complaint against SAFEWAY

Inc., for injuries (his bodily injury occurred on or about

Aug. 25, 2003). resulting from SAFEWAY’s operation

of a grocery store in Oregon.

26

Bodily injury came about from either negligence

or deliberate disregard for safety of shoppers. Bodily

injury is supported by statements of Witnesses.

SAFEWAY Inc., has not denied negligence.

SAFEWAY’s doctor confirmed painful injury to Hart’s

sacroiliac joint that “will require periodic treatments

for the rest of your life.”

SAFEWAY Inc., moved for amendments to

Hart's Complaint. The first amended Complaint was

filed about 45-days after grant of SAFEWAY’s motion.

SAFEWAY Inc., moved, in response, to strike

the amended complaint. CIRCUIT ordered Hart to

exclude: “manipulates employees and lawsuits to

minimize payments on claims instead of

preventing accidents through better

training and supervision”

and to plead contract violations with more certainty.

Petitioner sought an extension of time when his

father was injured (then died). SAFEWAY Inc., moved

for dismissal or extension of time to prepare for trial:

arguing Hart has not filed a second amended complaint

as required under {a 10-day filing option} ORCP 15 B(2).

SAFEWAY’s Counsel did not mail said motion to Hart

in a timely manner.

CIRCUIT stated (during oral arguments on

SAFEWAY’s motion to dismiss):

T/S-P.13. “I don't think I have any choice

under the circumstances .. . motion to dismiss

the complaint will be allowed.”

27

[TRANSCRIPT OF PROCEEDINGS ON APPEAL (T/S) is

incomplete/inaccurate. [App 5]

Before SAFEWAY’s dismissal with prejudice,

without costs, filed, Hart moved for reconsideration;

citing violation of federal due process and filed second

amended Complaint. [App 2.]

Pro tem CIRCUIT JUDGE Redman derives most of

his income by representing Corporations. Ergo,

awarding SAFEWAY INC., immunity to suit, should be

viewed with suspicion, as Redman appears biased.

On 'APPEAL' due process violations were raised

in opening brief. After opening brief filed SAFEWAY’s

Counsel moved to supplement with TRANSCRIPT OF

PROCEEDINGS ON APPEAL. T/S - P. 4., establishes that

Counsel, for SAFEWAY Inc., cx-parte, perpetrated a

fraud upon CIRCUIT 'COURT' to bias 'IT in favor of

dismissal. Counsel had previously focused JUDICIAL

DEPARTMENT's attent?en on Hart’s efforts to return

Oregon to a State in good standing under the United

States Constitution.

Do THIS STATE’s - DEPARTMENT OF JUSTICE — ACTIVISTS’

Ac Ts... bias, violate Law?

Petitioner, when injured by SAFEWAY Inc.,

sought remedy via THIS STATE’s CIRCUIT 'COURT' -

proceeding under the directives of - Texas v. White, 74

U.S. 700 (1868). However, the problem with assuming

that some extrajudicial FIAT, of GOVERNMENT de-facto,

can be held de jure when reviewed by Lawful

28

authority, presupposes that GOVERNMENT de-facto

action will be transparent in regard to when the

interest of said GOVERNMENT de-facto will be served by

said FIAT. The lack of confidence, then, is in how to

prevent obstructions of Justice that render jurisdiction

moot. One option could be salutary contracts, as used

by Governor (President) Jefferson. Another lies in our

faith in the absolute integrity of judicial process to

protect an Individual’s life - property rights.

WHEREFOR Petitioner MOVES:

1. For redress in the form of an order directing

defendant SAFEWAY Inc., to pay double the

damages requested in second Amended

Compliant.

bo

For legal expenses and interest dating from said

injuries.

3. For release from custody of shadow

GOVERNMENT de-facto in Oregon; reversal of so-

called cost award to SAFEWAY, issued for

Hart’s Contempt of 'COURTS' usurping Oregon.

4. For what other relief the United States supreme

Court deems Just and Equitable.

For Application to the Legislature, or of the

Executive, if the Court determines “domestic

Violence” is occurring in Oregon.

ef

Charged, May 8, 2009, By - /S/

Curtis Hart

IYO

APPENDIX A [not attached] please designate

certiorari case number 06-790 (LINCOLN LOAN CO. YV.

THE CITY OF PORTLAND, OR) that documents usurpation

-the fact that no State of Oregon Courts are

available as App. A and make it a part herein.

App. |

IN THE CIRCUIT COURT OF THE STATE OF

OREGON FOR THE COUNTY OF CLACKAMAS

Curtis Hart, | Case No. CV 05 080502

Plaintiff, | ORDER GRANTING

Vv | DEFENDANT

SAFEWAY, INC., | SAFEWAY, INC.’S

Defendant. | MOTION TO DISMISS

THIS MATTER came before the court on July

10, 2006, before the Honorable James Redmond[SIc*}],

on defendant Safeway, Inc.'s Motion to Dismiss or in

the Alternative Postpone Trial Date. Plaintiff

appeared pro se and Defendant appeared through its

attorney, Barry M. Mount and Jennifer A. Durham.|[*]

The court having heard arguments, read_ the

memoranda submitted by the parties, and being fully

advised in the premises, now therefore,

IT IS HEREBY ORDERED that Safeway's

Motion to Dismiss is granted and this case is

dismissed, and Safeway's alternative Motion to

Postpone is moot.

aug

DATED this _3_ of duty: 2006

_?T W~rt 7? Circuit Court Judge

[*Mr. Redman set on the case not “Redmond”

SUBMITTED BY: Barry M. Mount, OSB No. 69127

of Attorneys for Defendant Safeway, Inc.

* Not to be confused with so-called Justice DODRHAM

App. 2

IN THE CIRCUIT COURT

OF THE STATE OF OREGON

FOR THE COUNTY OF CLACKAMAS

Curtis Hart, Plaintiff, | Case No. CV 05 080502

Vv |

SAFEWAY, INC., | GENERALJUDGMENT

Defendant. | OF DISMISSAL

Based upon the ORDER GRANTING

DEFENDANT SAFEWAY, INC.’S MOTION TO

DISMISS in the above-entitled matter,

IT IS HEREBY ORDERED AND ADJUDGED

that this case is dismissed with prejudice and without

costs to any party,

aug

DATED this 3 duty, 2006.

_?T Kom?

Circuit Court Judge

SUBMITTED BY:

Barry M. Mount, OSB No. 69127

of Attorneys for Defendant Safeway, Inc.

App. 3

IN THE CIRCUIT COURT

OF THE STATE OF OREGON

FOR THE COUNTY OF CLACKAMAS

Curtis Hart, Plaintiff, Case No. CV 05 080502

|

Vv | ORDER ON

SAFEWAY, INC., | PLAINTIFF’S MOTION

Defendant. | ON JURISDICTION

THIS MATTER came before the court on June

11, 2007, before the Honorable James E. Redman, on

plaintiffs “Motion on Jurisdiction via Show Cause and

transcript Dispute.’ Plaintiff appeared pro se and

defendant appeared through its attorneys. Pamela Jd.

Stendahi and Jennifer A. Durham. The court having

heard arguments, read the memoranda submitted by

the parties, and being fully advised in the premises

now therefore, finds that this court lacks jurisdiction

because this action is pending in the court of appeals,

and based upon ORS 19.270, and there fore,

IT IS HEREBY ORDERED

that plaintiffs motion is abated.

DATED this _ of June, 2007.

JAMES E. REDMAN

Circuit Court Judge

SUBMITTED BY:

Pamela J. Stendahi, OSB No. 894160

Of Attorneys for Defendant Safeway, Inc.

App. 4

IN THE COURT OF APPEALS

OF THE STATE OF OREGON

Curtis Hart, Plaintiff-Appellant,

Vv

SAFEWAY, INC., Defendant-Respondent.

Clackamas County Circuit Court No.

CV05080502

Court of Appeals No, A133212

ORDER DENYING “COMPLAINT FOR

DECLARATORY ARBITRATION ON SHOW

CAUSE FOR JURISDICTION”

To the extent that appellant purports to initiate

an original declaratory relief action in this court, the

complaint is dismissed, because ;the Court of Appeals

does not have jurisdiction to entertain a declaratory

rehef action. In the alternative, appellant requests

that this court transfer the case to federal court.

Appellant does not identify to which federal court the

case should be transferred. In any event, appellant

does not identify any legal authority for an

intermediate state appellate court to transfer a case to

any federal court and the court is not aware of any

such authority. Appellant's request for a transfer on

the case to federal court is denied.

Appellant's reply brief is due 21 days from the

date of this order.

Jul 30 2007 /s/ David V. Brewer

DAVID V. BREWER, CHIEF JUDGE

c: Curtis Hart [&] Pamela J. Stendahi

App. 5

IN THE COURT OF APPEALS

OF THE STATE OF OREGON

Curtis Hart, Plaintiff-Appellant,

V

SAFEWAY, INC., Defendant-Respondent.

Clackamas County Circuit Court CV045080502

A133212

ORDER ACKNOWLEDGING INACCURACIES

IN ORDER BUT AFFIRMING RULING;

ORDER OVERRULING OBJECTIONS

I

By order dated July 30.2007, the court disposed

of appellant’s “Motion to Determine Jurisdiction and

Show Cause, Why Transcript and Bias Should be

Allowed”. Appellant has filed a paper entitled “Please

Show Cause for Obstructing Process” in which he

points out that the order incorrectly suggests that he

designated a transcript of oral proceedings in the trial

court as part of the record on appeal. Appellant is

correct that he did not designate any transcript, but,

rather, respondent moved to supplement the record

with a transcript of a particular hearing. However,

that does not change the court’s ruling that, if

appellant contends that the transcript inaccurately

depicts the oral proceedings of the hearing, his remedy

was to file timely a motion te correct the transcript.

Appellant argues that he timely filed a motion that

challenged the accuracy of the transcript. If so, it

appears that, by order entered on June 25, 2007, the

court - disposed of that motion.

App. 6

Appellant also disputes that Carey v. Lincoln

Loan Co., 342 Or 530 (2006), disposes of his challenge

to the lawfulness of this court, or at least the

lawfulness of this court making rulings in this case. If

the court understands appellant's argument, he

contends that (1) this court does not lawfully exist; (2)

appellant is challenging the lawfulness of the existence

of this court; (3) the judges of this court have a

personal interest in the outcome of the appeal; and (4)

therefore, the judges are disqualified from making

rulings in the case. Because Carey disposes of the first

premise of appellant’s argument, his argument fails.

Even if Carey does not dispose fully of appellant’s

argument regarding the lawfulness of the existence of

this court, the court rejects appellant's argument that

his challenge means that the judges of the court have

such a personal interest in the challenge that they are

disqualified from deciding the appeal.

To the extent that appellant intended his filing

to be a motion for reconsideration of the July 30, 2007,

order, except as to corrections noted in this order, the

July 30, 2007, order is reaffirmed.

a.

Appellant also has filed a four-page document

partially entitled “Objection to Filing Briefin De-Facto

‘Court of Appeals” in which he requests that all judges

of this court remove themselves from the case,

reiterating his argument that (1) this court does not

lawfully exist: (2) appellant is challenging the

lawfulness of the existence of this court; (3) the judges

App. 7

of this court have a personal interest in the outcome of

this appeal; and (4) therefore, the judges are

disqualified from making rulings in the case. The

motion is denied on the same grounds as indicated in

Part I of this order.

ITI.

Appellant further has filed a one-page document

so partially entitled “Objection to Filing Reply Brief

in De-Facto 'Court of Appeals” in which, on the same

grounds, appellant objects to the court establishing a

period of 21 days in which appellant should file his

reply brief. The objection is overruled.

ITI.

Appellant’s reply brief is due 21 days from the

date of this order. Appellant’s failure to file a reply

brief within that time will result in the appeal being

submitted to the court for decision without a reply

brief. No motion filed by appeliant will toll the due

date of appellant’s reply brief.

Jan 11 2008 /si DVB _|

DAVID V. BREWER,

CHIEF JUDGE

C: Curtis Hart

Pamela J. Stendahi

App. 8

IN THE SUPREME COURT

OF THE STATE OF OREGON

Curtis Hart, Plaintiff-Relator,

SAFEWAY, INC., Defendant-Adverse Party.

Clackamas County Circuit Court

CV05080502

S055695

ORDER DENYING PETITION FOR

RECONSIDERATION

Upon consideration by the court.

The court construes relator’s “response to adverse

partys memorandum in opposition to petition for

alternative writ. of mandamus” as a petition for

reconsideration, and orders that it be denied.

April 16, 2008 s/

CHIEF JUSTICE

Pamela J Stendahi

Curtis Hart

App. 9

IN THE SUPREME COURT

OF THE STATE OF OREGON

Curtis Hart, Plaintiff-Appellant,

Petitioner on Review,

V

SAFEWAY, INC., Defendant-Respondent,

Respondent on Review.

Court of Appeals

A133212

S055695

ORDER DENYING PETITION FOR

RECONSIDERATION

Upon consideration by the court.

The court has considered the petition for

reconsideration and orders that it be denied.

December 10, 2008/s/ P~~~ Bn~~y

CHIEF JUSTICE

C: Pamela J Stendahi

Curtis Hart

App. 10

IN THE SUPREME COURT

OF THE STATE OF OREGON

Curtis Hart, Plaintiff-Appellant,

Petitioner on Review,

Vv

SAFEWAY, INC., Defendant-Respondent,

Respondent on Review.

Court of Appeals

A133212

S055695

ORDER DENYING REVIEW

Upon consideration by the court.

The court has considered the petition for review

and orders that it be denied.

October 3, 2008 /s/ R~i~ Ki~te~n

PRESIDING JUSTICE

Cc: Pamela J Stendahi

Curtis Hart

App. I1

IN THE COURT OF APPEALS

OF THE STATE OF OREGON

Curtis Hart, Plaintiff-Appellant,

V

SAFEWAY, INC., Defendant-Respondent.

Clackamas County Circuit Court CV05080502

A133212

ORDER DENYING MOTION

TO HOLD IN

ABEYANCE AND

ORDER AWARDING COSTS

AND DISBURSEMENTS

Respondent, who prevailed on appeal, has filed

a cost bill in the amount of $721.28. Appellant has

filed objections, and has moved for the court to hold

respondent's cost bill in abeyance pending resolution of

a petition for review in the Supreme Court. The

motion is denied.

Appellant's objections are overruled, and

respondent is awarded costs in the amount requested,

$721.28.

AUG 25 2008 /s/ Ri~~ H~~~~

RICK HASELTON, PRESIDING JUDGE

Cc: Curtis Hart

Pamela J. Stendahi

App. 12

IN THE SUPREME COURT

OF THE STATE OF OREGON

Curtis Hart, Plaintiff-Appellant,

Petitioner on Review,

y

SAFEWAY, INC., Defendant-Respondent,

Respondent on Review.

Court of Appeals

A133212

S055695

ORDER DENYING MOTION

FOR DECLARATION OF RIGHTS AND

DEMAND FOR RECUSAL

Upon consideration by the court.

Petitioner on review’s “motion for declaration of

rights, and demand for recusal’ is denied.

April 8, 2009 ~ N~ ~~]

Gillete

PRESIDING

JUSTICE

C: Pamela J Stendahi

Curtis ~ Hart

App. 13 [C page 1]

The United States Constitution of America:

ARTICLE I:

§10. NoState shall enter into any Treaty, Alliance,

or Confederation; grant Letters of Marque or

Reprisal: coin Money; emit Bills of Credit; make any

Thing but gold and silver Coin a Tender in Payment of

Debts; pass any Bill of Attainder, ex post facto

Law, or Law impairing the Obligation of

Contracts, or grant any Title of Nobility.

No State, without the Consent of Congress... .,

enter into any Agreement or Compact with another

State, or with a foreign Power, or engage in War,

unless actually invaded, or in such imminent Danger

as will not admit of delay.

ARTICLE IV:

§2. The Citizens ofeach State shall be entitled to all

Privileges and Immunities of Citizens in the several

States.

§4. The United States shall guarantee toevery State

in this Union a Republican Form of Government, and

shall protect each of them against Invasion; and on

Application of the Legislature, or of the Executive

(when the Legislature cannot be convened) against

domestic Violence.

ARTICLE VI:

42. 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.

App. 14 [C page 2]

Amendment:

J. Congress shall make no law respecting an

establishment of religion, or prohibiting the free

exercise thereof; or abridging the freedom of speech, or

of the press; or the right of the people peaceably to

assemble, and to petition the Government for a

redress of grievances.

IV. The right of the people to be secure in their

persons, houses papers, and effects, against

unreasonable searches and seizures, shall not be

violated, and no Warrants shall issue, but upon

probable cause, supported by Oath or affirmation, and

particularly describing the place to be searched, and

the persons or things to be seized.

V. No person shall be held to answer for a capital,

or otherwise infamous crime, unless on a presentment

or indictment of a Grand Jury. except in cases arising

in the land or naval forces, or in the Militia, when in

actual service in time of War or public danger; nor

shall any person be subject for the same offence to be

twice put in jeopardy of life or limb; nor shall be

compelled in any criminal case to be a witness against

himself, nor be deprived of life, liberty, or property,

without due process of law, nor shall private property

be taken for public use, without just compensation.

VII. In suits at common law, where the value in

controversy shall exceed twenty dollars, the right of

trial by jury shall be preserved, and no fact tried by a

jury shall be otherwise re-examined in any Court of the

App. 15 [C page 3]

United States, than according to the rules of the

common law.

XIII. Neither slavery nor involuntary servitude,

except as a punishment for crime whereof the party

shail have been duly convicted, shall exist within the

U.S., or any place subject to their jurisdiction.

XIV. All persons born or naturalized in the United

States, and subject to the jurisdiction thereof, are

citizens of the United States and of the State wherein

they reside. No State shall make or enforce any law

which shall abridge the privileges or immunities of

citizens of the United States; nor shall any State

deprive any person of life. liberty, or property, without

due process of law; nor deny to any person within its

jurisdiction the equal protection of the law

App. 16 [C page 4]

Fed. Rule Civ. P. 60(b)

RELIEF FROM A JUDGMENT OR ORDER

(B) Grounds for Relief froma Final Judgment,

Order or Proceeding. On motion and just terms, the

court may relieve a party or its legal representative

from a final judgment, order, or proceeding for the

following reasons:

(1) Mistake, inadvertence, surprise, or excusable

neglect;

(2) newly discovered evidence that , with reasonable

diligence, could not have been discovered in time

to move for a new trial under Rule 59(b):

(3) fraud (whether previously called intrinsic or

extrinsic), misrepresentation, or misconduct by

an opposing party;

(4) the judgment is void;

(5) the judgment has been satisfied; released, or

discharged; it 1s based on an earlier judgment

that has been reversed or vacated; or applying it

prospectively is no longer equitable; or

(6) any other reason that justifies relief.

App. 17 {S} 1]

SUPPLANTS (USURPATIONS) OF

THE STATE OF OREGON COURTS

ANNOTATED - 2009

The State of Oregon Supreme Court, as

proffered by the People of Oregon, and approved by the

UInited States Legislature, was usurped (supplanted)

via 1878-ACT. CLINE V. GREENWOOD, 10 OR 230 (1882):

Although invested with the same supreme judicial

power, it is not the same supreme court which existed

prior to implementation of the 1878-ACT.

Under the ACT of 1878, providing for election of

supreme and circuit judges in distinct classes, the

election was postponed until the next general election.

By virtue of an emergency clause, 1878-ACT took effect

from and after its approval by the governor. In the

meantime, OFFICES created by 1878-ACT were filled by

appointment by the governor.

1878-ACT violated the State of Oregon and United

States Constitutions.

IN re AH LEE, 5 F. 899 (1880):

Held, 1878-ACT was unconstitutional, because the

population of Oregon was less than 200,000, and that

the appointments by the governor were therefore

invalid, and also because the constitution only

authorized the selection of such judges by election, still

the persons so appointed under 1878-ACT and

performing the duties of the judges of said COURTS

were judges de facto... person thus appointed should

take upon himself the duties of that OFFICE, he would

be a judge of the supreme COURT de-facto.

App. 18 {S} 2

BURT v. WINONA, 31 Minn. 472, 18 N.W. 285:

But I am unable to concur in the views expressed in

the majority opinion, that even if the ACT creating the

COURT was never constitutionally passed, still it would

be a de facto COURT. The logical result of this would be

that the person assuming to act as JUDGEof that COURT

would be an officer de facto, and the judgments of the

COURT as valid as those of a legal court.

There are many cases to the effect that a person

holding an office under an unconstitutional LAW is an

officer de facto, but I think that in every one it will be

found that there was a legal office, and that the law

only went to the mode or manner of filling it.

As suggested in the opinion, the de facto

doctrine is founded on reasons of public policy and

necessity, but it must have some reasonable limits,

unless we are ready to recognize practical

revolution and legislative right to ignore all

constitutional barriers. [18 N.W. 285]

Norton v. Shelby County, 118 U.S. 425 (1886);

Ruling Case Law, Mckinney (1917) P.518:

If the Constitution controls

there never can be COURTS de-facto.

STATE EX REL MCINTIER AND HULL V. BALMER, 336 OR 1

(2003):

By the ACT- “the 1878 Legislative Assembly adopted

a general LAW that completely reorganized the judicial

branch... created two ‘distinct classes' of COURTS, (1)

a Supreme COURT; and (2) a separate trial division of

the judiciary consisting of ‘circuit judges’. Hence, to

App. 19 {Sj 3]

the present day, JUDGES of this [ARTICLE SEVEN

(AMENDED)] SUPREME 'COURT' [supplanting the State]

of Oregon have been part of a ‘distinct class' that the

[SUPER] legislature [GOVERNMENT de-facto] chose to

have the people elect from the state as a whole.”

Ryder v. United States, 515 U.S. 177 (1995):

The de facto officer doctrine which confers validity

upon acts performed under the color of official title

even though it is later discovered that the legality of

the actor’s appointment or election to {a valid] office is

deficient. cannot. be invoked to authorize the actions of

the judges in question. Held:

The Court of Military Appeals erred in according

de facto validity to the actions of the civilian

judges petitioner challenged the composition of

that COURT as violative of the Appointments

Clause of the Constitution.

HOLMAN ETAL. V. LUTZ ET, 132 OR 185 (1930):

The persons appointed as JUDGES under this

1878-ACT, although its unconstitutionality be

admitted, and that therefore they are not judges de

jure or of right, are nevertheless, acting as judges of

constitutionally created and existing courts. .. or

acquiescence by the public in the ACTS of such OFFICER

for such a length of time as to raise the presumption

of colorable [bad] right by election ur appointment.

MCINTIER V FORBS, 322 OR 426, 436; EKWALL V

STADELMAN, 146 OR 449, 450:

“The very enumeration of limitations on office in the

State of Oregon Constitution excludes the idea that, in

App. 20 {S} 4]

the adoption of the constitution, the People intended

that there should be any other qualifications. As was

said by Madison in the convention which framed the

Constitution:”

“The qualifications of electors and elected are

fundamental articles in a republican government,

and ought to be fixed by the Constitution. If the

legislature could regulate those of either, it can by

degrees subvert the Constitution.”

Marbury v. Madison, 1 Cranch 137, 177 (1803):

“To what purpose are powers limited, and to what

purpose is that limitation committed to writing if these

limits may, at any time, be passed by those intended to

be restrained? The distinction between a Government

with limited and unlimited powers is abolished if those

limits do not confine the persons on whom they are

imposed and if acts prohibited and acts allowed are of

equal obligation.”

Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 (1821):

“The Constitution and laws of a State, so far as they

are repugnant to the Constitution and laws of the

United States, are absolutely void.”

The State of Oregon Constitution precludes so-called

COURTS de-facto.

Article I, fa] BILL OF RIGHTS, Section [(S.)]10.

Administration of justice.

No court shall be secret, but justice shall be

administered, openly and without purchase,

completely and without delay, and every man

shall have remedy by due course of law for injury

App. 21 {8} 5]

done him in his person, property, or reputation.

A prohibition: No court shall be - Secret: —

unconstitutional, ulterior, undisclosed, unexpressed,

unwritten, hidden, obscure, covert, stealthy, concealed.

Adjective, laying behind what is

manifest or avowed.

The Oregon Constitution also prevents

extrajudicial COURTS by assigning power.

Article VII:

Section 1. Courts in which judicial power vested.

The Judicial power of the State shall be vested in a

Suprume (sic) Court, Circuits Courts, and County

Courts, which shall be Courts of Record having general

jurisdiction, to be defined, limited, and regulated by

law in accordance with this Constitution.—dJustices of

the Peace may also be invested with limited Judicial

powers, and Municipal Courts may be created to

administer the regulations of incorporated towns, and

cities.—

Section 2. The Supreme Court shall consist of Four

Justices to be chosen in districts by the electors

thereof, who shall be citizens of the United States, and

who shall have resided in the State at least three years

next preceding their election, and after their election to

reside in thei respective districts:—The number of

Justices, the Districts may be increased, but shall not

exceed five until the white population of the State shall

amount to One Hundred Thousand, and shall never

exceed seven; and the boundaries of districts may be

changed, but no Change of Districts, shall have the

effect to remove a Judge from office, or require (sic)

him to change his residence without his consent.—

App. 22 {S} 6]

Section 5. Chief Justice. The Judge who has the

shortest term to serve, or the oldest of several having

such shortest term, and not holding by appointment

shall be the Cheif (sic) Justice.

Section 6. Jurisdiction. The Supreme Court shall

have jurisdiction only to revise the final decisions of

the Circuit Courts, and every cause shall be tried, and

every decision shall be made by those Judges only, or

a majority of them, who did not try the cause, or make

the decision in the Circuit Court.—

Section 8. Circuit court. The Circuits Courts shall be

held twice at least in each year in each County

organized for judicial purposes, by one of the Justices

of the Supreme Court at times to be appointed by law;

and at such other times as may be appointed by the

Judges severally in pursuance of law.—

Section 9. Jurisdiction of circuit courts. All

judicial power, authority, and jurisdiction not vested by

this Constitution, or by laws consistent therewith,

exclusively in some other Court shall belong to the

Circuit Courts, and they shall have appellate

jurisdiction, and supervisory control over the County

Courts, and all other inferior Courts, Officers, and

tribunals.—

Section 10. Supreme and circuit judges; election

in classes. When the white population of the State

shall amount to Two Hundred Thousand the

Legislative Assembly, may provide for the election of

Supreme, and Circuit Judges, in distinct classes, one of

which classes shall consist of three Justices of the

Supreme Court, who shall not perform Circuit duty,

and the other class shall consist of the necessary

number of Circuit Judges, who shall hold full terms

App. 23 {S} 7]

without allotment, and who shall take the same oath

as the Supreme Judges.—

Section 21. Oath of office of Supreme Court

Judges. Every judge of the Supreme Court before

entering upon the duties of his office shall take,

subscribe, and transmit to the Secretary of State the

following oath.—I do solemnly swear (or

affirm) that I will support the Constitution of the

United States, and the constitution of the State of

Oregon, and that I will faithfully, and impartially

discharge the duties of a Judge of the Supreme, and

Circuits Courts of said, State according to the best of

my ability, and that I will not accept any other office,

except Judicial offices during the term for which I have

been elected.— [See SEVEN (AMENDED) '7 OATH to THIS

STATE!]

1878-ACT is also unconstitutional in ‘ITS'

application: Article VII: Section (S.) 10; only authorizes

“Legislative Assembly, may provide for the election of

Supreme, and Circuit Judges, in distinct classes.”

To read a limitation - as a grant to create courts

- impairs the obligations of the contracts (State and

Federal Constitutions); disregards the plain language

in S. 2: (Supreme Court shall consist of Four Justices

but shall never exceed seven) which confirms, S. 2

is not replaced by S. 10. Nothing in Oregon’s

Constitution supports the view that legislatures, or

judges, are granted power to create extrajudicial

‘COURTS’.

App. 24 {S} 8]

SMOTHERS V. GRESHAM TRANSFER, INC., 332 OR 83

(1999):

*115. Constitutions are contracts, Oregon’s

Constitution is generally one of limitation, therefore to

be construed according to the beliefs and usage of

language applicable when adopted. Every word must

be considered to have importance; though, the

Constitution is construed as a whole.

*91. The Oregon Constitution was adopted in 1859.

The principle that the law makes available a remedy

for injury comes from the common law.

*95. The common law protected individuals by

placing substantive restraints on both the Crown and

Parliament. History also had taught the American

colonists that ... their rights were not safe from the

arbitrary exercise of government power unless they

were embodied in positive law. SMOTHERS at *101.

*105. Constitution writers realized that unrestrained

state legislative power was as much a threat to the

security of individual rights as unrestrained

parliamentary and royal power had been.

*106. One of the notable features of all state

constitutions that were drafted in the mid-nineteenth

century was the mistrust of legislative power.

*113. Like their Indiana counterparts, the drafters of

the Oregon Constitution were leery of legislative

power.

App. 25 {S} 9]

Expounding on the Oregon Constitution given said

drafter’s mistrust of Legislative Assembly power; we

must read Article VII, Section (S.) 10, as authorizing:

“Legislative Assembly may provide for the election of

Supreme, and Circuit Judges, in distinct classes

[units], one of which classes [units] shall consist of

three [district elected (S. 2)] Justices of the Supreme

Court, who shall not perform Circuit duty, [the other

Justices, of the Supreme Ccurt (elected from up to

four state inclusive districts) will continue to serve

Circuits (S. 8)] and the other [election class [sub-unit]

provided] shall consist, of the necessary number of

Circuit Judges [as may be set by the Supreme Judges

severally in pursuance of law (S. 8)],who shall hold

full terms without allotment, and who shall take the

same [(S. 21)] oath as the Supreme Judges.”

The Oregon Judicial Branch, A. VII, formed on

the proper respect of government, limited the political

abuse of election of Justices to districts. If Legislative

Assembly activated Sec. 10, each of the three Justices,

who shall not perform Circuit duty, would be elected

from, and representative of, one third of Oregon.

The (up to four) Justices (who shall perform

Circuits duty) are elected from, in contact with, and

representative of one fourth of Oregon t.e., their

districts cross-section (? ##,) Oregon. Said Justices are

assisted by as many Circuit Judges as necessary.

However, Circuit Courts (via Section 9, primarily:

“have appellate jurisdiction, and supervisory control

over the County Courts, and all other inferior Courts

Officers, and tribunals.”

App. 26 {S} 10]

Thus, district-elections limits ‘judge’s' affect

(bias) on judicial promulgations. See, Ex parte

Virginia, 100 U.S. 339; The Law of Torts, 1642-1643:

“The presence of malice and the intention to deprive a

person of his constitutional rights he exercises no

discretion or individual judgment; he acts no longer as

a judge, but as a 'minister' of his own prejudices.”

STATE V. COCHRAN, 55 OR 157 (1909):

Assumes, 1878-ACT “writes into the State

Constitution new provisions.” Applying the same

reasoning COCHRAN argues ‘made provision for a

JUDICIAL DEPARTMENT on the supposition that Article

VII, Section 10 supplants Section 2. Then recognizing

that S. 5, continues to regulate (‘the judge who has the

shortest term to serve, or the oldest of several having

such shortest term ... shall be the Chief Justice),

conflicts — ‘so long as there are but three justices, there

cannot be two holding terms of equal length. I[f, as

contended, when the ACT of 1878 brought Section 10

into operation, *190 1878-ACT blotted out all trace of

Section 2; such annihilation, would also have carried

with it Section 5. (And, Sections, 6, 8, 9, & 21; also,

eliminates Article XVIII and Article I, BILL OF

RIGHTS, Section 10; in-effect revolutionize the State

of Oregon Constitution).

Said COCHRAN case premises on fact - 1878-ACT

supplanted with supreme 'COURT' de-facto, but left

Circuit Courts with supervisory and appellate

jurisdiction over said inferior supreme TRIBUNAL. To

maintain their government de-facto ACTIVISTS

“proposed amendment including a proposed change of

App. 27 {S} 15]

our entire judicial system.” The proposals to

revolutionize the State Constitution, by “the judiciary

committee (always composed of lawyers) in both

branches of the Legislature” failed. Said proposals

were then packaged as 'ARTICLE SEVEN (AMENDED)' to

the 1910-voters; who rejected 'IT'. Fraud was used to

make 'IT' appear to have passed; see, CAREY, 203 OR

APP 399 - STATE EX REL. LINCOLN LOAN, 336 OR 9 (2003).

STATE EX REL WERNMARK V. HOPKINS, 213 OR “ 637:

With adoption of ARTICLE SEVEN (AMENDED), the parts

of .he original Article VII which bore that numeral and

in conflict with it were, of course, repealed. The other

parts which did not conflict with the NEW and which

were complementary to the LATTER remained in force

but were degraded in rank to the point where the

legislature [(super legislature) t.e., SUPREME COURT de-

facto] is authorized to repeal or amend them. FEHI V.

JACKSON COUNTY, 117 OR 200, speaks to that effect. It

held that after the adoption of ARTICLE SEVEN

(AMENDED) so-called JUDGES “were not the incumbents

of constitutional offices.” [Became 'JUDGES' of JUDICIAL

DEPARTMENT.| [PLAIN USURPATION].

STARR V. LAUNDRY, 155 OR 636, 643 (1936):

“In Oregon CIRCUIT COURTS are not supported by any

express constitutional provisions, nor does the

constitution expressly confer jurisdiction to issue

Injunction upon any TRIBUNAL. The original Article VIT

of Oregon has been supplanted in this respect by the

present ARTICLE SEVEN” AMENDMENTS, plural, violating

the State of Oregon Constitution; see, Article XVII.

App. 28 {S} 12]

STATE EX REL. RICCO v. BIGGS, 255 P.2d 1055 (1953):

“We may just as well face the facts of judicial life in

Oregon. They are not the same as in other states .

., OUR CIRCUIT COURTS do not exercise all the inherent

powers of the common law courts.” “Inherent powers

of common law courts . . . may be in Oregon the

substance of things hoped for, but they have little

relation to actualities here. I happen to be one of those

who would have it otherwise, but I do not believe that

the JUDGES of this [SUPREME] COURT have a commission

to remold our judicial system [i.e., 'THEIR' JUDICIAL

DEPARTMENT] nearer to the heart's desire.”

See, STATE EX REL MADDEN V. CRAWFORD, 207 OR 76:

THIS STATE, identify by ORS 131.205, as GOVERNMENT

de-facto, supplants the power of the People (State) of

Oregon; is only GOVERNMENT created by the

constitution, ITSELF.

In-other-words, an unlawful replacement of the

State occurred when ARTICLE SEVEN AMENDMENTS

usurped, by fraudulent appearance in the Oregon

Constitution. As ARTICLE SEVEN (AMENDED),

designated “one supreme court” into which all

“judicial power of the state shall be vested.”

By import, new so-called ‘SUPREME COURT’ de-

facto supplants all policy-making (Governmental)

authority of the State. Holding dominion via JUDICIAL

DEPARTMENT (departure-from-what-is-meant) of

Government. See, ORS 1.002, ' 1, defining THIS STATE’S

“Highest TRIBUNAL of JUDICIAL DEPARTMEN’”’

thereby, CONTROLLER of all policy in Oregon.

App. 29 {S} 13]

As said in Batchelor v, Cupp, 693 F.2d 859.

“The Attorney General asserts that the Oregon

Supreme Court [supplanting via ARTICLE SEVEN

(AMENDED)] is a_ policy-making COURT, not an

error-correcting court, and that it would be

inappropriate to require the Oregon SUPREME COURT to

review a petition to uncover mere trial errors, even

those of constitutional magnitude.”

CAREY V. LINCOLN LOAN CO., 203 OR APP 399, 125 P3d

814 (2006):

Defendant argues that none of ARTICLE SEVEN

(AMENDED) is part of the constitution because the

procedures that led to its purported adoption did not

comply with constitutional standards.

The consequence according to defendant, is that Article

VII (Original) is the only valid constitutional provision

governing the judiciary.

Thus, the courts that Article VII (Original), names are

the only constitutional permissible courts and the

legislature had no authority to create this COURT.

[Footnote (F/N)-5]

If defendant were correct, then the decisions of

this COURT since its creation in 1969 would

remain effective as those of a COURT de facto.

We would, however, have to stop functioning as

a COURT with regard to cases in which we have

not yet issued an appellate judgment.

The issue before us is not whether defendant's

challenge would have succeeded in 1910 but whether

it will succeed today. . . . The most significant

amendment to ARTICLE SEVEN (AMENDED) for the

App. 30 {S} 14]

purposes of this case, and the one on which we will

focus, was the adoption in 1962 of ARTICLE SEVEN

(AMENDED) [2b. . . or not to be].

In adopting § 2b, the people impliedly validated the

portion of § 1 that authorizes the [super] legislature to

create inferior COURT. If § 2b is itself valid, it validated

any violation of Article XVII, Section 1, that might

have occurred in the adoption of § 1.

We have not found any cases specifically dealing with

constitutional amendments that rely on defective

existing constitutional provisions.

However..., the Texas Supreme Court held that

the amendment validated the statute and thereby

validated the agreement at issue in the case. In doing

so. the court described the doctrine of implied

validation as providing that a_ constitutional

amendment will impliedly validate an existing ‘ACT’

that, without the amendment, would be beyond the

legislature's power to enact, so long as the validation

does not impair either the obligation of contracts or

vested rights. ... Thus, even if the adoption of ARTICLE

SEVEN (AMEND[MENTS]) was originally flawed - - - that

portion of it is now firmly established against a

challenge based on Article XVII, Section 1. [CAREY,

203, Supra]

THIS STATE’s APPEALS COURT de-facto deliberately

disregarded vested rights in Federal Due Process, 1.e.,

impartial judges.

App. 31 {S} 15]

Also, obligations of contracts, are violated by

application of 'IMPLIED SUBSEQUENT VALIDATION' -

Article IV, Section 22 -- Section 20:

Every Act shall embrace but one subject and

matters properly connected therewith, which

subject shall be expressed in the title. But if

any subject shall be embraced in an Act which

shall not be expressed in the title, such Act

shall be void only as to as much thereof as shall

not be expressed in the title.

THIS STATE’s “ONE SUPREME COURT" by ‘ITS' decree that

ARTICLE SEVEN (AMENDED) is now LAW, is the only

COURT de-facto created by, ITSELF. SEE STATE EX REL

MADDEN.

CAREY V. LINCOLN LOAN CO., 342 OR 530 (2007) [Made

unfit for U.S. cite; 154 p.3d 775]

Defendant argued that ARTICLE SEVEN (AMENDED) - -

which provides, in part, that “[t]he judicial power of the

state shall be vested in one supreme court and such

other courts as may from time to time be created by

law” - - was improperly adopted.

The COURTOF APPEALS rejected defendant’s argument,

holding that, even if the adoption of ARTICLE SEVEN

(AMENDED) were flawed, subsequent amendments to

that ARTICLE cured any defects... . We granted

defendant’s petition for review to consider defendant's

challenge to the constitutionality of the legislation that

created the COURT of Appeals. . .

§ 2 provided that the existing judicial system except as

expressly changed by the adoption of ARTICLE SEVEN

App. 32 {S} 16]

(AMENDED), would remain as it had been and also

granted the [new ONE] SUPREME COURT original

jurisdiction in mandamus, quo warranto, and habeas

corpus proceedings. § 3 contained a number of

provisions respecting the conduct of trials and appeals

from trial court decisions.

We now consider whether, assuming that the

initial adoption of ARTICLE SEVEN (AMENDED) in 1910

was improper [(1.e., unlawful)] people. . .cured defects.

The cases discussed above involve the subsequent

validation of defective statutes, rather than defective

constitutional provisions.

However, the same rational apples to the

people's constitutional authority to amend that organic

law: Irregularities in the people’s adoption of a

constitutional amendment may be cured by subsequent

constitutional amendments that the peopie enact that

implicitly validate the earlier, defective amendment.

Subsequent validation may not be sufficient to cure an

earlier defect if it would have the effect of impairing .

.. the obligation of contract or vested rights. . .

We therefore hold that ARTICLE SEVEN

(AMENDED) is NOW valid. [CAREY, 342 (2007)]

Sheppard, 384 U.S. at 350-351; Turner v. Louisiana,

379 U.S. 466, 473:

Few, ifany, interests under the Constitution are

more fundamental than the right to a fair and

"impartial" trial, and an outcome affected by

extrajudicial statements on jurisdiction would

violate that fundament right.

App. 33 {S} 17]

HART V SAFEWAY INC., A133212 (2008):

“Even if CAREY [V. LINCOLN LOAN, 342 OR 530]

does not dispose fully of jour bias} appellant's

argument regarding the [un]lawfulness of the existence

of this COURT, the COURT rejects appellant’s argument

that his challenge means that 'JUDGES' [usurers] of this

COURT [de-facto*'’’] have such a personal [bias] interest

in the challenge that they are disqualified [by Federal

Law] from deciding the appeal.”

*See F/N-5 CAREY, 203 supra.

See, SMOTHERS; 332 Or 83 (2001):

124. “Oregon remedy clause identified absolute rights

respecting person, property, and reputation. ‘As to

those rights, the remedy clause provides, in

mandatory terms, that remedy by due course of

law shall be available to every person in the

event of injury.” [See, Article I, § 10, cited above,]

“The word 'remedy' refers both to a remedial process

for seeking redress for injury and to what is required

to restore a right that has been injured”

“legislature may abolish a common-law cause of 2ction,

so long as it provides a substitute remedial process in

the event of injury to the absolute rights.”

“Injury, in turn [spin], is a wrong or harm for which

a cause of action existed when the drafters wrote the

Oregon Constitution.” {[Emphasized]

*339. “ARTICLE I section 10, prescribes how justice

must be administered ia Oregon by identifying both a

prohibition (no court shall be secret [undisclosed])

and a directive (justice must be administered openly,

App. 34 {S} 18]

completely, and without purchase or delay).” The

“second clause protects rights respecting person,

property, and reputation by mandating affirmatively

that remedy by due course of law be available in the

event of injury to those rights.”

Texas v. White, 7 Wall. 700, {74 U.S. “ 733}

(1869); considered ACTS of CIVIL WAR, GOVERNMENT de-

facto, reasoning:

“That ACTS necessary to peace and good order

among citizens which would be valid if emanating

from a lawful government must be regarded in

general as valid when proceeding from an actual,

though unlawful, GOVERNMENT de-facto, and that

ACTS in furtherance of support of rebellion against

the United States, or intended to defeat the just

rights of citizens, and other ACTS of like nature,

must, in general, be regarded as invalid and void.”

STATE V. COCHRAN, 55 OR 157 (1909):

A peculiar situation confronts us at the very

threshold of this proceeding. The motion is not

addressed to those members of this body, who, it

is claimed by the plaintiff, are the constitutional

judges, but is addressed to the COURT, consisting

de facto of five persons; each claiming to be a

[SUPREME COURT de-facto] JUSTICE.

Withrow , 421 U.S. 35, 47.

“[P]robability of actual bias...is too high

to be constitutionally tolerable.”

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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