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