William Michael, Kemp, Sui Juris
c/o General Delivery
Gadsden, Alabama state
non-domestic zip code exempt
In Propria Persona
All Rights Reserved Without Prejudice
DISTRICT COURT OF THE UNITED STATES
NORTHERN JUDICIAL DISTRICT OF ALABAMA
MIDDLE DIVISION
STATE OF ALABAMA [sic] ) Case No. #CV-97-H-0022-M
)
Plaintiff [sic] ) 16th Cir. Case #CC-95-1083-DWS
)
v. ) NOTICE AND DEMAND FOR
) MANDATORY JUDICIAL NOTICE:
WILLIAM MICHAEL KEMP [sic], ) Rule 201(d), Federal Rules
) of Evidence; Full Faith and
Defendant [sic] ) Credit Clause; P.L. 91-375,
_____________________________) Section 403
COMES NOW William Michael, Kemp, Sui Juris, Citizen of Alabama
state, expressly not a citizen of the United States ("federal
citizen"), and Defendant in the above entitled action
(hereinafter "Defendant"), to provide formal Notice to all
interested parties of His Demand, made hereby pursuant to Rule
201(d) of the Federal Rules of Evidence, for mandatory judicial
notice of the attached documentation and legal authorities
concerning the United States Postal Service ("USPS") and the use
of Zone Improvement Program ("ZIP") codes on first class mail.
This honorable Court is respectfully requested to take formal
judicial notice of P.L. 91-375, Section 403. The attached
documentation is incorporated by reference as if set forth fully.
Notice and Demand for Mandatory Judicial Notice:
Page 1 of 23
S A M P L E L E T T E R
To Whom It May Concern:
Please kindly correct your records to show that I am located at:
NON-DOMESTIC
c/o ______________ Street
City/Town, State (spell out full name)
zip code exempt (DMM 122.32)
Since the use of ZIP codes is voluntary (see Domestic Mail
Service Regulations, Section 122.32), the U.S. Postal Service
cannot discriminate against the non-use of ZIP codes, pursuant to
the Postal Reorganization Act, Section 403 (Public Law 91-375).
The federal government attempts to assert jurisdiction by
sending letters with ZIP codes, when jurisdiction would otherwise
be lacking. The receipt and "acceptance" of mail with ZIP codes
is one of the requirements for the Internal Revenue Service, in
particular, to have jurisdiction to send notices. In fact, the
IRS has adopted ZIP code areas as "Internal Revenue Districts".
See the Federal Register, Volume 51, Number 53, for Wednesday,
March 19, 1986.
The federal government cannot bill a __________________
State Citizen because such a Citizen is not within the purview of
the District of Columbia, its territories, possessions or
enclaves. As a group, these areas are now uniquely and
collectively identified as "the federal zone", as explained in
the book entitled The Federal Zone: Cracking the Code of Internal
Revenue, San Rafael, Account for Better Citizenship, 1992.
Your immediate cooperation in this matter will be most
appreciated.
Signed with explicit reservation of all my rights
and without prejudice to any of my rights,
/s/ John Q. Doe
__________________________________________________
John Q. Doe, _______________________ state Citizen
Nonresident Alien with respect to The Federal Zone
(D.C., its territories, possessions and enclaves)
Notice and Demand for Mandatory Judicial Notice:
Page 2 of 23
ZIP Code Use Invokes Federal Jurisdiction
Vol. I, No. 6
Use of the ZIP Code is voluntary. See Domestic Mail
Services Regulations, Section 122.32. You should also know that
the Postal service cannot discriminate against the non-use of the
ZIP Code. See "Postal Reorganization Act", Section 403, (Public
Law 91-375). The federal government utilizes the ZIP code to
prove that you reside in a "federal district of the District of
Columbia". This is why the IRS and other government agencies
(state and federal) require a ZIP Code when they assert
jurisdiction by sending you a letter. They claim that this
speeds the mail, but this is a sly and subtle TRICK. It is also
prima facie evidence that you are a subject of Congress and a
"citizen of the District of Columbia" who is "resident" in one of
the several States.
The receipt of mail with a ZIP code is one of the
requirements for the IRS to have jurisdiction to send you
notices. The government cannot bill a Citizen of California,
because he is not within the purview of the MUNICIPAL LAWS of the
District of Columbia. In fact, the Internal Revenue Service has
adopted the ZIP code areas as Internal Revenue Districts. See
the Federal Register, Volume 51, Number 53 , Wednesday, March 19,
1986.
You must remember that the Postal Service is a private
corporation, a quasi-governmental agency. It is no longer a full
government agency. It is like the Federal Reserve System, the
Internal Revenue Service, and the United States Marshall Service.
They are all outside the restrictions of the Federal
Constitution, as private corporations. They are all powerful in
their respective areas of responsibility to enforce collection
for the federal debt. So, if you are using a ZIP code, you are
in effect saying openly and notoriously that you do not live in
the State of California, but, instead are a resident in the
california area of the District of Columbia (a federal district).
There are some so-called Patriot groups that I consider to be
patriots for money. They advocate the use of Title 42 suits
(which are for federal citizens only), send mail to you with a
ZIP Code, and ask you to do things that place you within the
municipal jurisdiction of the District of Columbia.
Remember these individuals may be agents of the government
or, even worse, are advocating a one-world government by the use
of the Social Security number and the ZIP code.
So you must be aware of the movement towards a one-world
government through annihilation or elimination of State Citizens
by use of the so-called 14th Amendment and its related laws.
Notice and Demand for Mandatory Judicial Notice:
Page 3 of 23
This movement can be halted by the efforts of everyone to
return to the status of Primary State Citizens. By becoming a
State Citizen and not a citizen of the United States, you can get
the federal government off your back and out of your billfold.
Speaking for myself, I want the Original Constitution for
the United States of America put back in force, as applied
against the federal government, and the States restored to their
original status as Republics.
So, all you have to do is to study and determine your
status, whether you are a "slave" and a second-class citizen
(commonly referred to as a "federal citizen"), or a Sovereign
State Citizen (e.g. of California).
You must decide who and what you are!!!!!
Notice and Demand for Mandatory Judicial Notice:
Page 4 of 23
c/o General Delivery
San Rafael, California
Postal Zone 94901/tdc
August 16, 1992
Eileen Casady
Mill Valley Post Office
751 E. Blithedale
Mill Valley, California state
Postal Zone 94941-9998/tdc
Dear Eileen:
Thank you for your interest in our research. Yesterday, you
may recall that you asked me about my use of the letters "/tdc"
after ZIP codes. I am sorry that the Post Office was too busy
for us to discuss it on the spot. I want you to know that I have
noticed the cheerful efficiency with which you serve the public
at your counter, and do so with remarkable consistency. So, it
is with great pleasure that I am now able to return the favor of
your kindness and consideration.
The problem which I am about to describe to you has its
roots in old Europe, where many generations of banking families
made a lucrative discovery centuries ago. They found that banks
could profit more by loaning huge sums to governments, than by
making lots of small loans to individuals like you and me.
Governments, of course, are in a unique position to borrow huge
sums, and they have the police power to extract repayment from
their people.
In 1913, our Congress got in bed with these same European
banking families and passed legislation which created a private
credit monopoly known as the Federal Reserve System. This system
is no more federal than Federal Express. Moreover, there is no
"Reserve". These banks are privileged to loan money which they
don't have, through a special privilege known as "fractional
reserve banking". What really happened was that Congress
extended to this monopoly the privilege of counterfeiting money.
Congress benefits from this monopoly by borrowing huge sums
from it every year. You see, for decades now, Congress has been
spending much more money than it collects from taxation. It
"balances" the budget every year by putting ink on pieces of
paper and calling them bonds. These bonds are usually put up for
sale in the open bond market. But the federal deficits have
become so huge, there are not enough working people like you and
me to buy up all of these bonds every year. So, Congress walks
across the street to the Federal Reserve, which buys them from
Congress by printing ink on pieces of paper and calling them
"Federal Reserve Notes". Take a look in your wallet now, and you
will see an example of a Federal Reserve Note (or "FRN"). The
New York banking establishment refers to these bills as Federal
Reserve Accounting Unit Devices (F-R-A-U-D).
Notice and Demand for Mandatory Judicial Notice:
Page 5 of 23
It is bad enough that this private credit monopoly has been
given the privilege to "counterfeit" money. (They call it
"credit creation via bookkeeping entries".) What makes the whole
scam so intolerable is that the American people get stuck with
the interest payments. Congress was forced, in effect, to "lien"
on the land and labor of all Americans as collateral for these
huge bank loans. Enter the Internal Revenue Service. The IRS is
really just a collection agency for the Federal Reserve banks.
The FED pumps money and credit into the economy, and the IRS
sucks it out of the economy, like two pumps, working in tandem.
If we had only one pump injecting money into the economy, without
a balancing pump to remove it from the economy, the value of our
dollar would diminish rapidly as inflation climbed like a sky
rocket into the stratosphere. This happened in Germany just
prior to World War II, so the bankers learned an important lesson
from that grotesque experiment in hyper-inflation.
What does all this have to do with ZIP codes, you ask?
Well, under American Law never repealed, Congress does not have
authority to obtain controlling interest in all Americans, such
that it can compel our specific performance to discharge any
third-party debt or obligation. Imagine walking into a
department store to buy a new toaster, and having the store clerk
send the bill to Willie Brown. In this example, you are
Congress; the store is the Federal Reserve; and Willie Brown
represents the American people (some of the time). Willie Brown
gets stuck with a transaction to which he was never a party. In
fact, he didn't even know about it!
Congress needs to deceive Americans into believing that they
are all "subjects" of the "United States". If you are subject to
the jurisdiction of the "United States", then you can be
compelled to pay taxes which are used to discharge the interest
payable on the huge principal deficit which Congress has amassed.
But, here's the rub. The Supreme Court in 1945 defined the term
"United States" to have three separate and distinct meanings.
These meanings are:
(1) the name of our sovereign nation, occupying the
position of other sovereigns in the family of nations
(2) the federal government and the limited territory over
which it exercises exclusive sovereign authority
(3) the collective name for the States which are united by
and under the Constitution for the United States of
America
The second of these three definitions is the most
interesting. It includes such areas of land as the District of
Columbia, Puerto Rico, Virgin Islands, Guam, and American Samoa,
but it does NOT include the 50 States of the Union, like
California, and Florida, and New York. Now, if you were born in
one of the 50 States of the Union, you were born outside of the
area defined by the second definition of "United States" and you
are, therefore, born a free Sovereign. A Sovereign is the
opposite of a subject. If you were born a Sovereign, there is no
way you can be "subject" to the jurisdiction of the "United
States" (unless you volunteer), particularly when the "United
States" in this context means only the very limited territory
over which Congress exercises its exclusive authority. Congress
does not exercise exclusive authority over any of the 50 States
of the Union. That's the American Law which has never been
repealed. Unfortunately, the Supreme Court's definition of the
three "United States" was written in 1945, at the peak of the
first nuclear war on this planet. People had other things on
their minds!
Notice and Demand for Mandatory Judicial Notice:
Page 6 of 23
One of the ways in which Congress deceives all Americans
into thinking they are its "subjects" is to utilize
jurisdictional traps like the ZIP code. In the DMM, you will
find that ZIP codes are actually optional (see DMM 122.32). If
we utilize this optional "benefit" which Congress is providing
for us, we are presumed to be volunteering ourselves as
"subjects" of Congress. That may sound pretty stupid, at first
glance, but it gets worse. Federal judges are now under so much
pressure to keep the money flowing into the banks, they have
developed a technique called "silent judicial notice". That's a
fancy way of saying they don't have to tell you that you made
yourself a subject of Congress by using ZIP codes. And the
government is always fond of telling people that ignorance of the
law is no excuse. But, of course, this is fraud and it's just as
illegal for the government to do it as it is to counterfeit
money.
Now, we finally arrive at "/tdc". You cannot be compelled
to honor or perform under any contract if you were under threat,
duress, or coercion when you entered the contract. It's like
extortion: you aren't really "cooperating" when someone extorts
your cooperation. Actually, a criminal commits a serious crime
against your person to extort your cooperation for anything.
The ZIP code is like extortion, on a small but real scale.
Postal clerks tell us our mail will move a lot slower if we don't
use ZIP codes, and they are probably right. You would know! But
we have to pay the same amount for first class, whether or not we
use a ZIP code, and remember that ZIP codes are defined as
optional in the DMM. So, if we use ZIP codes, our mail moves a
lot faster, but the federal government is thereby entitled to
treat us as subjects and force us to pay interest on their huge
federal deficit. If we don't use ZIP codes, our mail moves much
slower (the "duress"), we still have to pay the full postage due,
but at least we avoid becoming "subjects" of Congress. Being
free of Congress is our right as Americans, even when Congress is
nowhere nearly as corrupt as it is now. In fact, I think it is
fair to say that in the 200+ years of our brief history as a
nation, this is probably the most corrupt Congress we have ever
had in America.
Notice and Demand for Mandatory Judicial Notice:
Page 7 of 23
The way around this dilemma is to use ZIP codes under
threat, duress, and coercion. Specifically, we are being
threatened with subjugation (slavery?) to Congress for utilizing
a neat sorting scheme which expedites the delivery of everyone's
mail. This threat also means that we did not enter the "ZIP code
contract" voluntarily, because we had to pay the full postage
regardless of whether we used the ZIP code or not. But at least
we retain our right to avoid becoming a slave to the Federal
Reserve banks.
The whole situation would be different if there were a
different rate for mail addressed without ZIP codes, and if the
federal government would fully disclose the jurisdictional trap
which it has created with ZIP codes. The federal government's
failure to disclose fully all the terms and conditions attached
to its contracts means that the federal government is guilty of
fraud, pure and simple. And fraud nullifies, or "vitiates"
everything it touches, all the way back to the beginning, even if
that's your original birth certificate, or your original SS-5
Social Security application (not the SSN or SS card, but the
application for an SSN). Recall now that the New York banking
establishment refers to our money as Federal Reserve Accounting
Unit Devices (F-R-A-U-D).
For your information, I have enclosed some additional
information on this problem. Please feel free to share these
materials with anyone you choose. Our research is open and
available to the public, because we have nothing to hide. We are
passionate and dedicated to restoring Constitutional government
to America, whereby the rights of individuals are supreme.
Governments at all levels should be our public servants, because
we are the public and they are the servants. They should not be
permitted to utilize threat, duress, and coercion to extort our
cooperation with their fraudulent debt schemes. It is just as
illegal for them to do it as it is for you and I to do it!
Thanks so much for your interest and for keeping an open
mind at this most difficult time in our nation's history.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane
Account for Better Citizenship
Notice and Demand for Mandatory Judicial Notice:
Page 8 of 23
c/o General Delivery
San Rafael, California
Postal Zone 94901/tdc
December 26, 1992
Eileen Casady
Mill Valley Post Office
751 E. Blithedale
Mill Valley, California state
Postal Zone 94941-9998/tdc
Dear Eileen:
Happy Holidays to you!
This letter is a follow-up to my previous letter to you,
dated August 16, 1992. At that time, you may remember asking me
about my use of "/tdc" on mailing labels.
Among other things, in my letter I explained how ZIP codes
do expedite the delivery of mail (you would know!) and how the
unqualified use of ZIP codes creates a legal presumption that the
user is "subject" to Congress. I also explained why a failure to
use ZIP codes can and does delay the delivery of mail.
Enclosed please find a photocopy of an envelope which I
recently received in San Rafael. This envelope arrived with an
extra adhesive sticker on the front of the envelope with the
following text:
YOUR MAIL HAS BEEN DELAYED
DUE TO INCORRECT ADRESS
AND/OR ZIPECODE
As you can see from the attached photocopy, I have spelled
the words on this adhesive sticker exactly as they are shown. By
any chance, does the USPS now refer to them as "zippy" codes?
This photocopy is, therefore, conclusive proof that the U.S.
Postal Service does discriminate against the non-use of ZIP
codes, contrary to the "Postal Reorganization Act", Section 403,
(Public Law 91-375).
Sincerely yours,
/s/ Paul Andrew Mitchell
John E. Trumane
Account for Better Citizenship
attachment
Notice and Demand for Mandatory Judicial Notice:
Page 9 of 23
The ZIP Code Issue:
Excerpts from a Personal Letter
by
Howard Freeman
November 11, 1988
Your letter asks for information on the ZIP Code pursuant to
something that appeared in the Justice Times some time ago. I
wish I had in my possession the article you refer to, so that I
could have some idea of what you already know, and could just
fill in the details of what you do not understand, but I do not
have that article, so I'll try to make the "ZIP Code Issue" clear
to you.
There are two entities, or nations, called "The United
States". One is the union of 50 independent States combined into
a 3-branch (Legislative, Executive & Judicial) Republican Form of
government under a contract called: The Constitution for the
United States of America. The Other is a 1-branch (Legislative)
Democracy, which arises out of the Constitutional Contract
wherein Congress (the Legislative Branch of the 3-branch
Republic) was given Exclusive rule over a body of people known
as: The Residents of the District of Columbia. It should be
obvious to anyone that, when a governing body (in this case
Congress) has "exclusive" rule over a people, you have a nation.
So, in America, we have a small nation, operating upon Roman
Civil Law principles, within a larger nation which operates upon
the principles of the Common Law, and is limited in its powers
and authority by the Constitutional Contract. I could spend the
rest of the day explaining the differences between Roman Civil
Law and the Common Law, but instead I will enclose a tape with
this letter to you, which will do that for me. Please do me the
honor of listening to this tape on both sides. Many people
reply, upon my inquiry about the tape I sent to them, that they
are too busy to listen to it, which remark I consider somewhat
insulting to me, when I have gone to the expense and trouble of
getting it into their hands.
As you know, the Republic called The United States, is
limited in what it can do by the Constitution, and that
Constitution limited its Congress to coining money out of silver
or gold, and limited its borrowing power to those two
commodities. The Legislative Democracy called: The United
States, using the same Congress as the Republic, only for its own
ends, has no limitation of any kind on what it might or might not
do, since Congress, working in behalf of the Legislative Party or
Democracy, has the power and authority to issue a paper currency,
and to declare it to be a "legal tender" for all debt public and
private. That Congress had no limitation in what it might borrow
either! So the National Debt that you hear so much about, came
from that Congress's power to borrow other than silver or gold,
which was bank credit from the International Banking Houses.
Notice and Demand for Mandatory Judicial Notice:
Page 10 of 23
A Problem: What can the Bankers do? Easy solution, since
their money controls the news media: keep the citizens of the
Republic in the dark, get the lawyers busy, and figure ways of
entrapment, so that the Citizens of the Republic would think that
it was THEIR Congress that borrowed the bank credit, and that it
is their problem to pay the usury on that debt. Steps of Legal
Trickery follow:
1. The 14th Amendment, which is based upon Roman Civil Law,
supposedly replaced the 4th Amendment, which is based upon
the Common Law. That aspect of things is explained on the
tape enclosed, so I won't go into it here.
2. Have the Congress of the Republic fail in its duty to
provide a medium of exchange for its Citizens, thus forcing
them to do their trading in the "Legal Tender" paper which
the Congress of the Legislative Democracy has made
available. I will skip a few other steps here, and get to
the meat of the information you want, which concerns the ZIP
Code issue.
3. The Congress of the Republic must be enticed to consolidate
50 independent States into 10, not so independent, Federal
Regions. (What Congress creates, Congress can control, is a
legal principle.) Now, the same Congress that rules the
Legislative Democracy may rule the 10 Federal Regions,
provided the citizens thereof can be kept asleep, and not
claim their rights under the Federal and State
Constitutional Contracts.
4. Have the Post Office Department separate itself from the
Republic and, in its new independence, create two-letter
abbreviations for all States (contrary to the lawful State
abbreviations established by the Legislatures of most
States) and have the Post Office Department require this new
abbreviation on all subsidized mail, and suggest it on all
first class mail, along with the ZIP Code.
5. Page 11 of the ZIP Code Directory, which can be found in any
Post Office, will tell you that the first digit of every ZIP
Code number indicates the Federal Region in which the user
resides.
6. Now that the majority of the brainwashed public, belonging
to the Republic, are educated to employ the two-letter
abbreviations for their State, which abbreviations were
never adopted by the State Legislatures as the lawful State
abbreviations, those using said abbreviation are not making
a lawful claim of their State residency and, with the use of
the ZIP code in connection with the new two-letter State
abbreviation, they are making a lawful claim that they are
residents of the particular Federal Region in which they
reside, so they can now be ruled under Roman Civil Law and
tried in the Admiralty Courts of the Legislative Democracy.
Notice and Demand for Mandatory Judicial Notice:
Page 11 of 23
7. With all of that in place, the Income Tax, which is employed
to pay the Usury on the National Debt owed by the
Legislative Democracy, now applies to the Citizens of the
Republic who fail to properly claim and establish their
rights as Citizens of their respective States.
8. It is made to appear "Progressive" in our Schools to refer
to America as a "Democracy", and somewhat "Reactionary" to
study the State and National Constitutions in our schools.
This keeps the public ignorant of the fact that the Congress
of the "Republic" is limited by Contract from passing any
penal statute of compelled performance upon the Citizens of
any State. The Internal Revenue Code is all that type of
statute, and those statutes ONLY apply to the residents of
the District of Columbia (see Article 1, Section 8, Clause
17 of the U.S. Constitution) and also to all those who
stupidly fail to claim their State residency and allow
themselves to be given to the status of citizens of the
United States (meaning the Legislative Democracy) claiming
themselves to be residents of a Federal Region which is
ruled over by the Democracy under Roman Civil Law.
The above is all needed information if you are to understand
the ZIP Code issue. I hope that I have not worn you out with my
explanation, as I have done with others, who ask me questions of
depth, and who only want some shallow, one-sentence reply.
One other caution before I close: The ZIP Code use, or non
use, is NOT a "silver bullet" solution to all problems, wherein
the Legislative Democracy, called the United States, forces
itself upon you. The enclosed tape will point out other
solutions. To properly handle oneself in order to keep out of
Legislative Article I Courts exercising Legislative Power, and
into the Article III Courts of the Republic which exercise
Judicial Power, is another whole study in itself. Again, let me
repeat: There Are No Silver Bullets for those who claim to be
too busy to study!
Notice and Demand for Mandatory Judicial Notice:
Page 12 of 23
Explanation of ZIP Code Address Purpose
(Version 910816Z; rev. 081991)
by
W. C. Updegrave
c/o 300 Adams Street, Esterly
Reading, Pennsylvania
zip code exempt (DMM 122.32)
It is this writer's opinion, both as a result of study, e.g.
of page 11 of the National Area ZIP Code Directory; of 26 U.S.C.
7621; of Section 4 of the Federal Register, Volume 51, Number
53, of Wednesday, March 19, 1986, Notices at pages 9571 through
9573; of Treasury Delegation Order (TDO) 150-01; of the opinion
in United States v. LaSalle National Bank, 437 U.S. 298, 308, 98
S.Ct.2d 2357, 57 L.Ed.2d 221 (1978); of 12 U.S.C. 222; of 31
U.S.C. 103; and as a result of my actual experience, that a ZIP
Code address is presumed to create a "Federal jurisdiction" or
"market venue" or "revenue districts" that override State
boundaries, taking one who uses such modes of address outside of
a State venue and its constitutional protections and into an
international, commercial venue involving admiralty concerns of
the "United States", which is a commercial corporation domiciled
in Washington, D.C.
More specifically, looking at the map on page 11 of the
National ZIP Code Directory, e.g. at a local post office, one
will see that the first digit of a ZIP Code defines an area that
includes more than one State. The first sentence of the
explanatory paragraph begins: "A ZIP Code is a numerical code
that identifies areas within the United States and its
territories for purposes of ..." [cf. 26 CFR 1.1-1(c)]. Note the
singular possessive pronoun "its", not "their", therefore
carrying the implication that it relates to the "United States"
as a corporation domiciled in the District of Columbia (in the
singular sense), not in the sense of being the 50 States of the
Union (in the plural sense). The map shows all the States of the
Union, but it also shows D.C., Puerto Rico and the Virgin
Islands, making the explanatory statement literally correct.
Properly construed, ZIP Codes can only be applicable in
Federal territories and enclaves that may be located within the
50 States of the Union, and to the "United States" and District
of Columbia and its territories -- cf. Piqua Bank v. Knoup, 6
Ohio 342, 404 (1856) and U.S. v. Butler, 297 U.S. 1, 63 (1936) to
the effect that "in every state there are two governments; the
state and the United States." Therefore, ZIP Code addresses are
for the corporate "United States" and its agents, for example, a
customs and duty collector at New York harbor, when they move out
into the States of the Union to perform functions delegated to
the "United States" by the National/Federal Constitution, or the
Pennsylvania Department of Transportation, Bureau of Motor
Vehicles, or a U.S. Congressman.
Notice and Demand for Mandatory Judicial Notice:
Page 13 of 23
But, by propaganda, misleading information and seditious
syntax, government has gotten nearly everyone in the 50 States of
the Union to use ZIP modes of address, and that creates a
PRESUMPTION or a PREJUDICIAL ADMISSION that one is in such a
Federal venue, or that one is such a government agent.
In general, it is well settled in law that Income Tax
Statutes apply only to corporations and to their officers,
agents, and employees acting in their official capacities, e.g.
from Colonial Pipeline Co. v. Traigle, 421 U.S. 100, 44 L.Ed.2d
1, 95 S.Ct. 1538 (1975): "... However, all 'income tax statutes'
apply only to state created creatures known as corporations no
matter whether state, local, or federal." Since corporations act
only through their officers, employees, etc., the income tax
statutes reach out to them when acting in their official
capacities, but not as individuals. This is the real purpose for
Identifying Numbers -- cf. 26 CFR 301.6109-1(d) & (g) and 26
U.S.C. 6331(a) and 26 CFR 301.6331-1, Part 4.
Use of a ZIP Code address is tantamount to the admission of
being a "citizen of the United States" who does not necessarily
have the protections of the first eight Amendments to the
Constitution (in the Bill of Rights) when proceeded against by
Federal or State authority -- Maxwell v. Dow, 176 U.S. 581, 20
S.Ct. 448 (1900), but, "All the provisions of the constitution
look to an indestructible union of indestructible states", Texas
v. White, 7 Wall. 700; U.S. v. Cathcart, 25 F.Case No. 14,756;
In re Charge to Grand Jury, 30 F. Case No. 18,273 (65 C.J.
Section 2) -- not known to be overturned.
# # #
Also available from the same author:
"Brief of Law for ZIP Code Implications," by W. C. Updegrave, c/o
300 Adams Street Esterly, Reading, NON-DOMESTIC, Pennsylvania
(11 pages plus "Appendix of Unused Data and Quotes")
Notice and Demand for Mandatory Judicial Notice:
Page 14 of 23
My Continuing Objection to Mail Sent with a
National Area ZIP Code Mode of Address
by
W. C. Updegrave
c/o 300 Adams Street, Esterly
Reading, Pennsylvania
zip code exempt (DMM 122.32)
1. In spite of my repeated demands that you correct the
way in which you send mail to me, you insist and persist, over my
most strenuous objections and contrary to my repeated NOTICES to
you, to continue to send my mail with a National Area ZIP Code,
which is both unnecessary, even by the application of Domestic
Mail statutes and regulations, and is, in fact, an unlawful and
fraudulent attempt to define me into an alien and foreign venue
and jurisdiction that are, as a matter of fact, contrary to the
Federal and State Constitutions and the case law that has
developed on this issue. Briefly put, on the basis of my
studies, such an address can only properly apply to Federal
enclaves within the States of the Union, and perhaps to 14th
Amendment citizens of the United States. For this reason alone,
you are either making a mistaken or a fraudulent presumption as
to my status. How would you prefer to be classified: as one who
made an error? or one who has committed acts of fraud? If it is
fraudulent, then you are also engaged in a conspiracy against me
and mine. All such mail is reviewed without prejudice but not
accepted.
2. My use of the term "without prejudice, U.C.C. 1-207" in
connection with my signature on this document, or any prior
document or instrument, indicates that I have exercised the
remedy provided for me in the Uniform Commercial Code, Article I,
Section 207, whereby I have reserved my natural and common law
right not to be compelled to perform under any contract,
commercial agreement, or bankruptcy that I did not enter
knowingly, voluntarily and intentionally, and reserved all other
Uniform Commercial Code and common law remedies. It also
indicates that I do not intend to ratify any fraudulently induced
contract by continued acceptance of the benefits thereof.
Furthermore, it notifies all administrative agencies of
government that I do not and will not accept the liability
associated with the compelled benefit of any unrevealed contract,
commercial agreement or bankruptcy.
3. Briefly put, Domestic Mail Manual (DMM) Section 111.2
and the copyrighted (hence, "private" and not governmental at
all) NATIONAL AREA ZIP CODE DIRECTORY, page 11, both identify the
term "United States" by using the third person, singular,
personal pronoun "its", which relates only to the "United States"
at the District of Columbia, its territories and ceded enclaves,
its agents and its "citizens". In this context, the term
"citizen of United States" has a very restricted definition --
cf. 26 C.F.R. 1.1-1(c) and 301.6109(g); 42 U.S.C. 1981 & 1982;
26 U.S.C. 3121(e); 26 U.S.C. 7701(a)(9) & (10); etc. It is to
Notice and Demand for Mandatory Judicial Notice:
Page 15 of 23
be noted that in DMM 111.2, the term "United States" is used, but
none of the fifty states as the States in the Union is mentioned;
therefore, the maxim expressio unius est exclusio alterius
(mention of one thing implies the exclusion of others) becomes
applicable. The 1789 Federal/National Constitution always makes
a distinction between the "States in the Union" and the "United
States", the former always being referenced in the plural, and
the latter sometimes being so referenced. The "United States"
has no venue or jurisdiction within unceded territories inside
the "States in the Union" (e.g. see Pollard's Lessee v. Hagan, 44
U.S. (3 How.) 212, 221, 223 (1845); New Orleans v. U.S., 35 U.S.
(10 Pet.) 662, 737 (1836); 4 U.S.C. 72; 48 U.S.C. Chapters 2
and 3, "The Alaska and Hawaii Omnibus Acts"; 18 U.S.C.,
Appendix, FRCrP Rules 1 and 54(c); etc.) except where a man or a
corporation can be presumed to be a "citizen of the United
States" (see 26 C.F.R. 1.1-1(a), (b) and (c)), or a "Federal
citizen", or a "National citizen" (see U.S. v. Lee, 455 U.S. 252,
102 S.Ct. 1051, 71 L.Ed.2d 127 (1982), stating that National
("United States") citizenship mandates Social Security
participation, but the issues of jurisdiction and venue were not
raised in that case, and it was argued on narrow and
inappropriate statutory grounds -- cf. the dissent in Maine v.
Thiboutot, 448 U.S. 1, 65 L.Ed.2d 555, 100 S.Ct. 2502 (1980),
pages 30-31 especially).
"All legislation is prima facie territorial."
[American Banana Co. v. United Fruit Co.]
[213 U.S. 347, 356-357 (1909)]
"Legislation is presumptively territorial and confined to
limits over which the law-making power has jurisdiction."
[New York Central R.R. Co. v. Chisholm]
[268 U.S. 29, 31-32 (1925)]
... [T]he "canon of construction which teaches that
legislation of Congress, unless a contrary intent appears,
is meant to apply only within the territorial jurisdiction
of the United States ...."
[U.S. v. Spelar, 338 U.S. 217, 222]
[70 S.Ct. 10 (1949)]
4. Without getting into the several definitions of the
term "citizen", which the courts generally construe to mean a
mere civil status for one who is politically involved, McCafferty
v. Guyer, 59 Pa. 109, 126-127 (Agnew dissent), etc., but
sometimes the term is limited to a representative of a city in
Parliament, or one who is involved in the conduct and policy
making of a civil government, the following is certain authority
on the subject for those who are in that category. Persons who
are "citizens of the United States" do not necessarily have all
Notice and Demand for Mandatory Judicial Notice:
Page 16 of 23
the protections of the first eight amendments to the U.S.
Constitution when proceeded against by federal and state
authorities (e.g., see Maxwell v. Dow, 176 U.S. 581, 20 S.Ct. 448
(1900)). One of the elements that can lead to such presumptions,
by inference, is the acceptance of mail with a ZIP code mode of
address. In Hooven & Allison v. Evatt, 324 U.S. 652, 671-672
(1945), the U.S. supreme Court has ruled that there are three
recognized meanings for the term "United States", to wit:
The term "United States" may be used in any one of several
senses. It may be merely the name of a sovereign occupying
the position analogous to that of other sovereigns in the
family of nations. It may designate the territory over
which the sovereignty of the United States extends, or it
may be the collective name of the states which are united by
and under the Constitution./6
_______________
6. See Langdell, "The Status of our New Territories," 12
Harvard Law Review 365, 371; see also Thayer, "Our New
Possessions," 12 Harvard Law Review 464; Thayer, "The
Insular Tariff Cases in the Supreme Court," 15 Harvard Law
Review 164; Littlefield, "The Insular Cases," 15 Harvard
Law Review 169, 281.
But, those three meanings are simply evidence of the word games
that the courts, legislatures and bureaucrats have played with
the minds and rights of the freemen in this country. See also
the clear admission in Ex Parte Knowles, 5 Cal. 300 (1855).
5. The map on page 11 of the ZIP CODE DIRECTORY indicates
that ZIP code denominators combine more than one of the States of
the Union, hence they define a special venue related to revenue
districts established, for example, by 26 U.S.C. 7621(a) and (b),
and those are the only legitimate purposes for such a mode of
address. For instance, the ZIP codes that denominate certain
areas in the States of New York and Pennsylvania all use a five-
digit ZIP code, the first numeral of which begins with a "1",
e.g. "19600". On page 15, ibid., a list is given of state
abbreviations with two capital letters, to be used in conjunction
with ZIP codes.
6. Contrary to popular belief, "citizenship of the United
States" arises from the so-called 14th Amendment, and did not
exist before that fraudulent enactment was foisted on the
unsuspecting free men (see Utah v. Phillips, 540 P.2d 936 (1975);
Dyett v. Turner, 439 P.2d 266, 272 (1968); Adamson v.
California, 332 U.S. 46 et seq. (1947); Ex Parte Knowles, 5 Cal.
300 (1855); Van Valkenberg v. Brown, 43 Cal. 43, 47 (1872);
U.S. v. Anthony, 24 Fed. Case No. 14,459 at 830 (1873); Cory et
al. v. Carter, 48 Ind. 327, 349-350, 17 Am. Rep. 738 (1874);
Sharon v. Hill, 26 Fed. Reporter 337 at 343-344; State v.
Manuel, 20 N.C. 144, 152; Arver v. U.S., 245 U.S. 366, 388-89
(1917); Hague v. C.I.O., 307 U.S. 496, 509 (1938)). In fact,
such statutory provisions as 42 U.S.C. 1981 and 1982, now
Notice and Demand for Mandatory Judicial Notice:
Page 17 of 23
codified in the same title of the U.S. Codes as the Social
Security Act (so called), still clearly make a distinction
between "citizen of the United States" and "white state citizen".
It is also clear from various other authorities that there is a
distinction between state citizenship for whites and 14th
Amendment citizenship of the United States, since even such a
distinction can be drawn from the language of the infamous 14th
Amendment itself. In Cory v. Carter, supra, quoting and basing
its analysis on the opinion in the Slaughter House Cases, 16
Wall. 36, the court, with respect to the First Section, said:
"... [I]t overturns the Dred Scott decision by making all
persons born within the United States and subject to its
jurisdiction citizens of the United States. That its main
purpose was to establish the citizenship of the negro can
admit of no doubt." ... It recognizes and establishes a
"distinction between citizenship of the United States and
citizenship of a State."
[emphasis added]
However, with reference to the second clause, that same opinion
continues:
This clause does not refer to citizens of the States. It
embraces only citizens of the United States. It leaves out
the words "citizen of the State," which is so carefully
used, and used in contradistinction to citizens of the
United States, in the preceding sentence. It places the
privileges and immunities of citizens of the United States
under the protection of the Federal Constitution, and leaves
the privileges and immunities of citizens of a State under
the protection of the State constitution. This is fully
shown by the recent decision of the Supreme Court of the
United States in the Slaughter-House Cases, 16 Wall. 36.
[emphasis added]
7. There are lots of reasons to believe, e.g. by an
examination of 42 U.S.C. 1982 (which distinguishes between
"citizens of the United States" and "white state citizens"), that
Taney's dicta in the Dred Scott case was not really overturned by
the 14th Amendment, and lots of authorities to show that it was
never validly adopted or ratified and that, in fact, the 14th
Amendment did not repeal any part of the original 1789
Constitution for the United States of America.
Therefore, please state concisely, with supporting points,
rationale and authority: What are the underlying presumptions by
which you send me mail using such a mode of address?
Notice and Demand for Mandatory Judicial Notice:
Page 18 of 23
Recorded Delivery #A 004 341 049
Return Receipt Requested
c/o General Delivery
San Rafael
California state
zip code exempt
(DMM 122.32)
November 14, 1992
Disclosure Officer
Internal Revenue Service
Agents of Foreign Principals
c/o P. O. Box 2900
Sacramento, California
Subject: NOTICE and DEMAND
Dear Disclosure Officer:
I am writing this NOTICE and DEMAND letter as a courtesy to
inform you that I have refused a letter from your office which
was deposited today in USPS Post Office Box xxxx, San Rafael,
California. This letter was refused and rejected, unopened, with
written instructions to RETURN TO SENDER as shown at the upper
left corner of the envelope.
Evidently, you have chosen to ignore the mailing
instructions which are clearly stated on page 2 of my Freedom of
Information Act request, dated October 23, 1992 (a copy of which
is attached, for your information). I have highlighted the
mailing location which you must use in order to correspond with
me in writing.
I am forced to conclude, therefore, that your deliberate
refusal to follow these simple and reasonable mailing
instructions is evidence of your bad faith in this matter and
constitutes proof of your failure to comply with all stated
requirements of my lawful FOIA request. You are hereby warned
that you are under the legal obligation of good faith, and that
bad faith on your part is synonymous with fraud.
Please also be advised that I will be happy to receive (but
not accept) mail from you, provided that it conforms to the
requirements as stated in my Freedom of Information Act request.
These requirements must be met by your use of the proper mailing
destination on envelopes and on all correspondence and other
documents enclosed within mailing envelopes.
Finally, I hereby demand written confirmation from you that
the receipt and use of envelopes and their contents with ZIP
codes and/or two-letter federal abbreviations (e.g., "CA") does
NOT grant jurisdiction over State Citizens to the Internal
Revenue Service, the "United States" or any of its agencies,
assigns or instrumentalities.
Notice and Demand for Mandatory Judicial Notice:
Page 19 of 23
This written confirmation must be signed in pen and ink by
you, with your true and correct name/identification (not an
alias), under penalties of perjury, as required of you by 26
U.S.C. 6065.
I am making this demand because I am a California State
Citizen (see 1:2:3, 4:2:1 and 3:2:1 in the Constitution for the
United States of America). I am not a "citizen of the United
States". You are expected to know the Law in this California
Republic which has been interpreted by the California Supreme
Court as follows:
A citizen of any one of the States of the union, is held to
be, and called a citizen of the United States, although
technically and abstractly there is no such thing. To
conceive a citizen of the United States who is not a citizen
of some one of the States, is totally foreign to the idea,
and inconsistent with the proper construction and common
understanding of the expression as used in the Constitution,
which must be deduced from its various other provisions.
The object then to be attained, by the exercise of the power
of naturalization, was to make citizens of the respective
States.
[Ex Parte Knowles, 5 Cal. 300 (1855)]
[emphasis added]
Please be advised that any attempts to trick, entice,
coerce, inveigle, ensnare or cajole me into accepting, under the
Uniform Commercial Code, any mail addressed in any manner other
than that specified in my original FOIA, in an unlawful attempt
on your part to grant jurisdiction over me to some arbitrary
federal district, will be further evidence of bad faith for which
you may be sued, in the event that you attempt to do anything on
the basis of such incorrectly addressed mail or correspondence.
Thank you in advance for your good faith, your
consideration, and your cooperation in this matter.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane
Sovereign California Citizen
All Rights Reserved Without Prejudice
enclosure: true and correct copy of
Freedom of Information Act
request, dated 10/23/92
Notice and Demand for Mandatory Judicial Notice:
Page 20 of 23
Certified Mail #P 840 292 047
Return Receipt Requested
c/o General Delivery
San Rafael
California state
October 23, 1992
Mr. Raymond A. Spillman
District Director
Internal Revenue Service
P. O. Box 2900
Sacramento, California
Re: Freedom of Information Act Request
Dear Mr. Spillman:
This is a request under the Freedom of Information Act, and
my formal written response to your letter to me, dated September
24, 1992, a copy of which is attached for your information.
Without dishonor, I hereby request that you provide me with
true and correct copies of the following:
(1) all documents on which you based your presumptive
determination that I am a "United States citizen" or a
"citizen of the United States";
(2) all documents on which you based your presumptive
determination that I am "subject" to any provisions of
the Internal Revenue Code (IRC) and its regulations;
(3) all documents on which you based your presumptive
determination that I am an "individual" as that term is
used in Part I, Section 1 of the IRC;
(4) all documents on which you based your presumptive
determination that I am one of the "individuals"
described in paragraphs 1, 2 and 3 of your letter;
(5) all documents on which you based your presumptive
determination that I am a "person liable" for any taxes
imposed by the IRC and its regulations;
(6) all documents on which you based your presumptive
determination that I am a "person required" to make and
file a return;
(7) all documents on which you based your presumptive
determination that I am now receiving, or have in the
past received, "taxable income";
(8) all documents on which you based your presumptive
determination that I am a "taxpayer" as that term is
defined in the IRC;
(9) your identification and evidence of your authority to
make and present presumptive determinations about me,
such as those contained in your attached letter dated
"SEP 24 1992", per U.C.C. Section 3-505.
Notice and Demand for Mandatory Judicial Notice:
Page 21 of 23
You are hereby placed on actual notice that I explicitly
reserve my right to rebut any and all factual presumptions which
you have made in support of your letter to me.
In your letter, you stated that you "will not respond to
future letters concerning these same issues". I must remind you
that the Freedom of Information Act (5 U.S.C. 552(a) et seq.)
does not give you any choice in this matter.
The law mandates that you supply me with the information
requested. The documents which I am requesting are not exempted
from disclosure.
I am willing to pay fees for this request up to a maximum of
$20. If you estimate that the fees will exceed this limit,
please inform me first by writing to me, care of the mailing
location described below.
I fully expect and demand a response to this request within
the statutory time limits, as set forth in 5 U.S.C.
552(a)(6)(A)(i).
Please send your timely, written response, signed in pen and
ink, to the following location:
John E. Trumane
c/o General Delivery
San Rafael, California state
NON-DOMESTIC zip code exempt
Thank you very much for your kind and earnest consideration
of this request, and for your due diligence in providing the
documents itemized above.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane
with explicit reservation of all my unalienable rights
and without prejudice to any of my unalienable rights
attachment: copy of your letter to me dated "SEP 24 1992"
Notice and Demand for Mandatory Judicial Notice:
Page 22 of 23
PROOF OF SERVICE
I, William Michael, Kemp, 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):
NOTICE AND DEMAND FOR MANDATORY JUDICIAL NOTICE:
Rule 201(d), Federal Rules of Evidence;
Full Faith and Credit Clause; P.L. 91-375, Section 403
by placing one true and correct copy of said document(s) in first
class U.S. Mail, with postage prepaid and properly addressed to
the following:
James E. Hedgspeth, Jr. Clerk of Court
Etowah County Offices Circuit Court of Etowah County
c/o 800 Forrest Avenue c/o 800 Forrest Avenue
Gadsden [zip code exempt] Gadsden [zip code exempt]
ALABAMA STATE ALABAMA STATE
Solicitor General Clerk of Court
Department of Justice Alabama Court of Criminal Appeals
10th and Constitution, N.W. c/o P.O. Box 301555
Washington [zip code exempt] Montgomery [zip code exempt]
DISTRICT OF COLUMBIA ALABAMA STATE
Attorney General Clerk of Court
Department of Justice District Court of the United States
10th and Constitution, N.W. c/o 1729 Fifth Avenue North
Washington [zip code exempt] Birmingham [zip code exempt]
DISTRICT OF COLUMBIA ALABAMA STATE
Chief Judge William H. Rehnquist, C.J.
11th Circuit Court of Appeals Supreme Court of the United States
c/o 56 Forsyth Street, N.W. 1 First Street, N.E.
Atlanta [zip code exempt] Washington [zip code exempt]
GEORGIA STATE DISTRICT OF COLUMBIA
Executed on ____________________________________
/s/ Mike Kemp
William Michael, Kemp, Sui Juris
Citizen of Alabama state
Notice and Demand for Mandatory Judicial Notice:
Page 23 of 23
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Alabama v. Kemp