This pleading was recently augmented and filed
with the Clerk of the 8th Circuit in St. Louis.

The new version is at URL:

  http://www.supremelaw.com/cc/gilberts/intentm3.filed.htm

The original now follows, for archival purposes:


Paul Andrew Mitchell, Sui Juris
Citizen of California State and
Private Attorney General
c/o Forwarding Agent
345 Estudillo Avenue
San Leandro [ZIP code exempt]
CALIFORNIA, USA

In Propria Persona

Under Protest and
by Special Visitation





                 UNITED STATES COURT OF APPEALS

                         EIGHTH CIRCUIT


UNITED STATES OF AMERICA [sic], )  Case No. 97-2099-MNST
                                )
          Plaintiff [sic]/      )  USDC Minneapolis #CR-4-96-65
          Appellees,            )
     v.                         )
                                )
EVERETT C. GILBERTSON [sic],    )
                                )
          Defendant [sic]/      )
          Appellant.            )
________________________________)
                                )
Everett C. Gilbertson,          )  DCUS Minneapolis #4-96-65
                                )
          Plaintiff/Appellant,  )  FIRST SUPPLEMENT TO
                                )  NOTICE OF INTENT TO
     v.                         )  PETITION SUPREME COURT FOR
                                )  PEREMPTORY WRIT OF MANDAMUS
United States,                  )  In Re APPLICATION FOR
James M. Rosenbaum,             )  INTERVENTION OF RIGHT
and Does 2-99,                  )
                                )
          Respondents.          )
________________________________)
                                )
People of the United States     )
of America ex relatione         )
Paul Andrew Mitchell,           )
                                )
          Petitioners.          )
________________________________)



                 [Please see next page et seq.]


              First Supplement to Notice of Intent:
                          Page 1 of 6


COME NOW  the People of the United States of America (hereinafter

"Petitioners"),  ex relatione  Paul Andrew Mitchell,  B.A., M.S.,

Citizen of  California State,  expressly not  a  citizen  of  the

United States  ("federal citizen"), Federal Witness, Counselor at

Law,  Private Attorney General,  and  Candidate  for  the  United

States  House  of  Representatives  (hereinafter  "Relator"),  to

submit this,  Petitioners'  FIRST SUPPLEMENT  to Their NOTICE  of

specific intent  to apply  to the  Supreme Court  of  the  United

States for a Peremptory Writ of Mandamus to compel this honorable

Court  to rule on  Petitioners' previously  filed APPLICATION FOR

LEAVE TO INTERVENE BY RIGHT in the instant case.


             CONGRESS HAS EXTENDED THE CONSTITUTION
             TO D.C. AND TO THE FEDERAL TERRITORIES

     In Petitioners' previously filed NOTICE OF INTENT, mandatory

judicial notice  was thereby respectfully requested by this Court

of 16 Stat. 419, 426, Sec. 34 (1871), to wit:

     "... [A]nd  the Constitution  and all the laws of the United
     States, which  are not  locally inapplicable, shall have the
     same force  and effect  within the  District of  Columbia as
     elsewhere within the United States."   [bold emphasis added]

     "To put  to rest  all doubts concerning the applicability of
     the  constitution   to  the   District,  congress   in  1871
     specifically extended  it thereto [citing Downes v. Bidwell;
     16 Stat. 419, 426;  Curry v. D.C., 14 App. (D.C.) 423]."

                        [18 C.J. 1358, Sec. 11;  notes 93, 93[a]]


                 WAS THIS STATUTE EVER REPEALED?

     After  discovering   said  statute  (hereinafter  "extension

statute"), Petitioners were confronted by allegations that it was

subsequently repealed,  as part  of a  comprehensive revision  of

numerous federal laws  which occurred in  The Revised Statutes of

the United States, dated December 1, 1873 (hereinafter "R.S.")


              First Supplement to Notice of Intent:
                          Page 2 of 6


     Petitioners have  investigated these  allegations  and  have

confirmed that they are false.   What follows is an exposition of

the evidence proving that 16 Stat. 419 at 426 was never repealed.

     In Title LXXIV of the R.S., Section 5596 reads as follows:

     ... and all acts of Congress passed prior to said last-named
     day [Dec.  1, 1873]  no part  of which  are embraced in said
     revision, shall not be affected or changed by its enactment.

                      [R.S., Section 5596, 18 Stat. 1085, Part 1]
                       [Dec. 1, 1873, brackets added for clarity]


     No part  of the  extension statute  is embraced  by the R.S.

and, therefore,  the extension statute is not affected or changed

whatsoever by enactment of the R.S.  This conclusion is supported

by careful  examination of  the R.S. sections which correspond to

the seat of government, including the public buildings.  In Title

XXI of the R.S.,  Sections 1795 thru 1835 inclusive,  there is no

mention whatsoever of any statute(s) repealing, or modifying, the

extension statute.   See  R.S. at  18 Stat. 319 thru 323, Part 1,

Dec. 1, 1873.

     Further evidence  that Congress never intended to repeal the

extension statute  is found  in a similar statute which expressly

extended  the  U.S.  Constitution  to  all  federal  Territories,

present and  future.   The heading and body of the following R.S.

section are found on separate pages of the Statutes at Large.

     First, the heading reads:

     1891.  Constitution and laws of United States
            made applicable to all the Territories

                                  [R.S., Sec. 1891, 18 Stat. 325]

     Second, the body reads:

     1891.   The Constitution  and all  laws of the United States
     which are not locally inapplicable shall have the same force
     and effect  within all  the organized  Territories,  and  in
     every Territory  hereafter organized as elsewhere within the
     United States.
                                  [R.S., Sec. 1891, 18 Stat. 333]
                                            [bold emphasis added]


              First Supplement to Notice of Intent:
                          Page 3 of 6


     The margin  notes for  Section 1891  expressly reiterate the

purpose of this second extension statute, to wit:

     Constitution and  laws of  United States  made applicable to
     all the Territories

                    [R.S., Sec. 1891, 18 Stat. 333, Dec. 1, 1873]


                           CONCLUSIONS

     Congress expressly  extended the  U.S. Constitution  to  the

District of  Columbia in  1871, and to all federal Territories in

1873.   Despite a  comprehensive revision of many federal laws on

December 1, 1873,  the 1871 extension statute was never repealed.

The conclusion,  therefore,  is that  the U.S. Constitution binds

all Acts of Congress  within the District of Columbia, within all

the federal  Territories, and  within  all  of  their  respective

political subdivisions.


Drafted on:  August 25, 1999

Respectfully submitted,




_______________________________________________
Paul Andrew Mitchell, B.A., M.S., Relator,
Citizen of California State, Federal Witness,
Counselor at Law, Private Attorney General, and
Candidate for the U.S. House of Representatives

All Petitioners' Rights Reserved without Prejudice


              First Supplement to Notice of Intent:
                          Page 4 of 6


                        PROOF OF SERVICE

I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty

of perjury,  under the  laws of  the United  States  of  America,

without the  "United States," that I am at least 18 years of age,

a Citizen  of  one of the  United States  of America,  and that I

personally served the following document(s):

                      FIRST SUPPLEMENT TO
           NOTICE OF INTENT TO PETITION SUPREME COURT
                 FOR PEREMPTORY WRIT OF MANDAMUS
           In Re APPLICATION FOR INTERVENTION OF RIGHT

by placing one true and correct copy of said document(s) in first

class U.S. Mail, with postage prepaid and properly addressed to:


Attorney General                   James M. Rosenbaum
Department of Justice              United States District Court
10th & Constitution, N.W.          300 South Fourth Street
Washington [ZIP code exempt]       Minneapolis [ZIP code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE

Solicitor General                  Henry Shea
Department of Justice              United States Attorneys
10th & Constitution, N.W.          300 South Fourth Street
Washington [ZIP code exempt]       Minneapolis [ZIP code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE


Courtesy copies to:

William H. Rehnquist, C.J.         Clarence Thomas, J.
U.S. Supreme Court                 U.S. Supreme Court
One First Street N.E.              One First Street N.E.
Washington [ZIP code exempt]       Washington [ZIP code exempt]
DISTRICT OF COLUMBIA               DISTRICT OF COLUMBIA

Paul Andrew Mitchell, B.A., M.S.   Alex Kozinski (supervising)
Private Attorney General on record Ninth Circuit Court of Appeals
c/o 345 Estudillo Avenue, #104     125 S. Grand Avenue, Suite 200
San Leandro [ZIP code exempt]      Pasadena [ZIP code exempt]
CALIFORNIA STATE                   CALIFORNIA STATE

Speaker of the House               President of the Senate
House of Representatives           United States Senate
Washington [ZIP code exempt]       Washington [ZIP code exempt]
DISTRICT OF COLUMBIA               DISTRICT OF COLUMBIA


[See USPS Publication 221 for addressing instructions.]


              First Supplement to Notice of Intent:
                          Page 5 of 6


Drafted:  August 25, 1999




_______________________________________________
Paul Andrew Mitchell, B.A., M.S., Relator,
Citizen of California State, Federal Witness,
Counselor at Law, Private Attorney General, and
Candidate for the U.S. House of Representatives

All Petitioners' Rights Reserved without Prejudice


              First Supplement to Notice of Intent:
                          Page 6 of 6


                             #  #  #
      


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U.S.A. v. Gilbertson, 8th Circuit