Time: Mon Jun 02 21:27:49 1997
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	Mon, 2 Jun 1997 16:31:51 -0700 (MST)
Date: Mon, 02 Jun 1997 21:26:45 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Public Law 103-2 (part 2)

Dear Friends,

A bit of history, which never made
onto the front pages of any newspapers.

Lloyd Bentsen never lawfully occupied
the office of Secretary of the Treasury,
causing all civil AND criminal prosecutions
to be null and void, if they were brought
under his watch as pseudo-secretary.

Bill Benson dropped the idea of stopping
Lloyd Bentsen from occupying the office,
after reading this application for
Writ of Prohibition.  I never knew why.

Congress served up a Silver Platter,
but hardly anybody noticed!  

See also the corresponding entry
in the Congressional Record.

/s/ Paul Mitchell
http://www.supremelaw.com



At 08:29 AM 6/2/97 -0700, you wrote:
>Paul, 
>I have an interesting tidbit: public law 103-2, Jan. 15, 1993.
>
>To wit:
>"(b)(1) Any person aggrieved by an action of the Secretary of the
>Treasury may bring a civil action in the United States District Court
>for the District of Columbia to contest the constitutionality of the
>appointment and continuance in office of the Secretary of the Treasury
>on the ground that such appointment and continuance in office is in
>violation of article 1, section 6, clause 2, of the Constitution.  The
>United States District Court for the District of Columbia shall have
>exclusive jurisdiction over such a civil action, without regard to the
>sum or value of the matter in controversy." . . .
>
>"(3)(A) An appeal may be taken directly to the Supreme Court of the
>United States from any interlocutory of final judgment, decreee, or
>order upon the valididty of the apointment and continuance in office of
>the Secretary of the Treasury under article 1, section 6, clause 2, of
>the Constitution, entered in any action brought under this subsection. .
>. ."
>
>Could this be used to challenge the Sect. of Treas. as a foreign agent
>(IMF), etc.  I do not have the knowledge of the possibilities of this
>public law.
>
>Would appreaciate your comments.
>
>Thanks,
<snip>


[This text is formatted in Courier 11, non-proportional spacing.]


Bill Benson, Sui Juris
c/o USPS Post Office Box 550
South Holland, Illinois Republic, U.S.A.
(708) 596-3142

In His Own Stead




                           U R G E N T



            IN THE SUPREME COURT OF THE UNITED STATES




BILL BENSON,                 )  Number _____________________
ILLINOIS STATE CITIZEN,      )
Petitioner                   )
                             )            PETITION
        vs.                  )       for an extraordinary
                             )
                             )       WRIT OF PROHIBITION
LLOYD BENTSEN,               )
TEXAS STATE CITIZEN,         )      to prevent a violation
Respondent                   )    of the Constitution for the
                             )      United States of America
_____________________________)


TO:  Senator Lloyd Bentsen, Chairman
     Finance Committee
     United States Senate
     Washington, District of Columbia


     Jurisdiction and  venue are grounded by virtue of Article 3,

Section 2,  Clause 1 of the Constitution for the United States of

America, to wit:

     Section 2.  The judicial Power shall extend to all Cases, in
     Law and  Equity, arising  under  this  Constitution  ...  to
     Controversies ... between Citizens of different States ....

                  [Constitution for the United States of America]
                                 [Article 3, Section 2, Clause 1]


          Petition for Writ of Prohibition: page 1 of 6


                       STATEMENT OF FACTS

     Petitioner is currently a Citizen of the State of Illinois.

     Respondent is currently a Citizen of the State of Texas.

     Respondent is  also a public official elected to the Senate,

in the  Congress of  the United  States, Washington,  District of

Columbia.

     By virtue  of this  public office, Respondent represents the

People of the State of Texas.

     Respondent was  elected to  his current  Senate term  by the

People of Texas in November of 1988.  Respondent's current Senate

term expires at noon on January 3, 1995.

     Respondent  has   been  nominated  by  President-elect  Bill

Clinton for the Office of Secretary of the Treasury.  This Office

is a  civil Office  created under  the authority  of  the  United

States.   The emoluments  for this  office  have  been  increased

during the period between January 3, 1989 and January 3, 1995.

     In order  to enjoy  an office of honor and public trust, and

in order to receive any pay for services rendered in this office,

Respondent was required by law to complete and sign the following

"Oath of Office":

     I, Lloyd  Bentsen, do solemnly swear (or affirm) that I will
     support and  defend the  Constitution of  the United  States
     against all enemies, foreign and domestic;  that I will bear
     true faith  and allegiance  to the  same;   that I take this
     obligation freely, without any mental reservation or purpose
     of evasion;   and  that I will well and faithfully discharge
     the duties  of the  office on which I am about to enter.  So
     help me God.

     _____________________   ____________________________________
     (Date)                  (Signature)


          Petition for Writ of Prohibition: page 2 of 6


     Respondent did  sign and date this same "Oath of Office", as

required by  law, and  did file  same with the Office of Finance,

United States  Senate, Washington,  District  of  Columbia,  USPS

Postal Zone 20510.

     Having signed  this "Oath of Office", Respondent did thereby

enter a  written contract  to perform certain contractual duties,

first  and  foremost  among  which  is  to support and defend the

Constitution of the United States.

     Respondent did verbally execute this same Oath of Office, in

the presence  of witnesses,  upon occupying his current office as

United States Senator.


                        STATEMENT OF LAW


     Respondent's duty  to support the Constitution of the United

States is a lawful prerequisite to serving as an official elected

to the  Senate.   It is  also a prerequisite to receiving pay for

serving as  a Member  of the Senate.  This duty is clearly stated

in Article  6, Clause 3 of the Constitution for the United States

of America, as follows:

     The Senators  and Representatives  before mentioned, and the
     Members of the several State Legislatures, and all executive
     and judicial  Officers, both of the United States and of the
     several States,  shall be  bound by  Oath or Affirmation, to
     support this Constitution; ....

                  [Constitution for the United States of America]
                                            [Article 6, Clause 3]
                                                 [emphasis added]

     This duty  is also  specified in  the federal  statute which

defines the exact wording of the Oath of Office, as follows:


          Petition for Writ of Prohibition: page 3 of 6


     An individual, except the President, elected or appointed to
     an office  of honor  or  profit  in  the  civil  service  or
     uniformed services,  shall take the following oath:  "I, AB,
     do solemnly swear (or affirm) that I will support and defend
     the Constitution  of the  United States against all enemies,
     foreign and  domestic;   that I  will bear  true  faith  and
     allegiance to the same;  that I take this obligation freely,
     without any  mental reservation  or purpose of evasion;  and
     that I  will well and faithfully discharge the duties of the
     office on which I am about to enter.  So help me God."

                                  [5 U.S.C. 3331, emphasis added]

     The exact same wording of the Oath of Office is found on the

form entitled "Oath of Office, Payroll and Benefits Information",

which must  be signed  before an  elected Senator can receive pay

from the Office of Finance in the United States Senate.

     The United  States  Constitution  explicitly  prohibits  the

appointment of  Senators to  any civil Office under the authority

of the  United States, if such appointment occurs during the term

for which  the Senator  was elected  to serve in the U.S. Senate,

and if the emoluments for such civil Office were increased during

this same term:

     No Senator  or Representative  shall, during  the  Time  for
     which he was elected, be appointed to any civil Office under
     the Authority  of the  United States  which shall  have been
     created, or the Emoluments whereof shall have been encreased
     during such  time;   and no  Person holding any Office under
     the United  States, shall be a Member of either House during
     his Continuance of Office.

                  [Constitution for the United States of America]
                                 [Article 1, Section 6, Clause 2]
                                                 [emphasis added]

Other relevant authorities follow:

     A practice  condemned by the Constitution cannot be saved by
     historical acceptance and present convenience.

                    [U.S. vs Woodley, 726 F.2d 1328, 1338 (1983)]
                                                 [emphasis added]


          Petition for Writ of Prohibition: page 4 of 6


     It is  obviously correct  that no  one acquires  a vested or
     protected right  in violation  of the  Constitution by  long
     use, even  when that span of time covers our entire national
     existence and indeed predates it.

                       [Walz vs Tax Commission of New York City,]
                       [397 U.S. 664, 678 (1970), emphasis added]


                         REMEDY DEMANDED

     I pray this Honorable Supreme Court to order:

     (1)  that a  Writ  of  Prohibition  issue  upon  Respondent,

prohibiting him  from occupying  the Office  of Secretary  of the

Treasury at  any time  prior to  the expiration  of  his  current

Senate term, and

     (2)  that Petitioner  be awarded his costs and disbursements

in this action.


Presented this twenty-eighth day of December, 1992 Anno Domini.

/s/ Bill Benson
_________________________________________________________________
Bill Benson, Sui Juris                                     (Date)
Sovereign Petitioner At Law
All Rights Reserved Without Prejudice


          Petition for Writ of Prohibition: page 5 of 6


Acknowledgement
ILLINOIS STATE/REPUBLIC         )
                                )   Subscribed, Sworn and Sealed
COUNTY OF COOK                  )


     On this  ________________ day of December, 1992 Anno Domini,

Bill Benson  did personally  appear before me, and is known to be

the one described in, and who executed, the foregoing instrument,

and acknowledged  that he  executed the  same as his free act and

deed as a Citizen/Sovereign in this above named said State of the

Union.   Purpose of notary public is for identification only, and

not for granting jurisdiction to any government agency.




                            _____________________________________
                            Notary Public


          Petition for Writ of Prohibition: page 6 of 6


                             #  #  #


Bill Benson, Sui Juri
sc/o USPS Post Office Box 550
South Holland, Illinois Republic, U.S.A.
(708) 596-3142

In His Own Stead




                           U R G E N T



            IN THE SUPREME COURT OF THE UNITED STATES




BILL BENSON,                 )  Number _____________________
ILLINOIS STATE CITIZEN,      )
Petitioner                   )
                             )             NOTICE
        vs.                  )        of Petition for a
                             )
                             )       WRIT OF PROHIBITION
LLOYD BENTSEN,               )
TEXAS STATE CITIZEN,         )      to prevent a violation
Respondent                   )    of the Constitution for the
                             )      United States of America
_____________________________)


The Petitioner sends greetings:


TO:  Senator Lloyd Bentsen, Chairman
     Finance Committee
     United States Senate
     Washington, District of Columbia


     Notice of Petition for Writ of Prohibition: page 1 of 3


     SO LET  IT BE  KNOWN THAT  I, BILL  BENSON, do  hereby  give

notice to you that, upon my verified petition (a copy of which is

served herewith), the undersigned will apply to the Supreme Court

of the  United States,  on the  eleventh day of January, 1993, at

10:00 A.M.  of that  day, or as soon thereafter as the matter can

be heard,  for the  issuance of  a Writ of Prohibition to bar you

from occupying the office of Secretary of the Treasury before the

expiration of your current term as U.S. Senator.


Presented this twenty-eighth day of December, 1992 Anno Domini.

/s/ Bill Benson
_________________________________________________________________
Bill Benson, Sui Juris                                     (Date)
Sovereign Petitioner At Law
All Rights Reserved Without Prejudice


     Notice of Petition for Writ of Prohibition: page 2 of 3


Acknowledgement

ILLINOIS STATE/REPUBLIC         )
                                )   Subscribed, Sworn and Sealed
COUNTY OF COOK                  )



     On this  ________________ day of December, 1992 Anno Domini,

Bill Benson  did personally  appear before me, and is known to be

the one described in, and who executed, the foregoing instrument,

and acknowledged  that he  executed the  same as his free act and

deed as a Citizen/Sovereign in this above named said State of the

Union.   Purpose of notary public is for identification only, and

not for granting jurisdiction to any government agency.


                            _____________________________________
                            Notary Public


     Notice of Petition for Writ of Prohibition: page 3 of 3


                             #  #  #


      


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