Oregon Constitution Article XI Sec. 1

In my research I came across this:
Section 1. Prohibition of state banks. The Legislative Assembly shall not have the power to establish, or incorporate any bank or banking company, or monied [sic] institution whatever; nor shall any bank company, or instition [sic] exist in the State, with the privilege of making, issuing, or putting in circulation, any bill, check, certificate, prommisory [sic] note, or other paper, or the paper of any bank company, or person, to circulate as money.–

How is it you think that BofA (any bank company)writes checks and issues loans in this state???

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The Division of Finance & Corporate Securities (DFCS) charters, examines, and regulates state-chartered banks and trust companies doing business in Oregon.

As of September 30, 2013, there were 24 state-chartered banks.

In addition, there were 3 trust companies and/or bank trust departments providing trust services in Oregon.

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Bank of America would be under a U.S. charter and might be construed to have an 'exemption' of some kind. As for the 24 state-chartered banks you might want to write head of Oregon Division of Finance and Corporate Securities (DFCS) and inquire.

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Originally Posted by David Neil

In my research I came across this: How is it you think that BofA (any bank company)writes checks and issues loans in this state???

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Section 1. Prohibition of state banks (Outlawing of state banks). The Legislative Assembly shall not have the power to establish, or incorporate (to unite or work into something already existent ) any bank or banking company (A bank is a financial institution and a financial intermediary that accepts deposits and channels those deposits into lending activities, either directly by loaning), or monied (having money) [sic] institution whatever; nor shall any bank company (a financial institution that accepts deposits and channels the money into lending activities), or institution (an organization or establishment founded for a specific purpose)[sic] exist in the State (where you live), with the privilege of making, ( the rest is paper with numbers on it) issuing, or putting in circulation, any bill, check, certificate, promissory [sic] note, or other paper, or the paper of any bank company, or person, to circulate as money.–

My interpretation is the FRB wrote this for the state of Oregon's government and I'm sure for the rest of the other states governments can’t print their own (lawful) money, because congress left a private corporation in charge.

It might be that Bofa might be using checks issued from the FRB, don't quote me on this.

Banking in 'the' State isn't necessarily banking in 'this' State. Banking is interstate commerce.

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Originally Posted by Keith Alan

Banking in 'the' State isn't necessarily banking in 'this' State. Banking is interstate commerce.

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No doubt interstate commerce. The Oregon Constitution (1857), The Sherman Act (1890) followed by the Clayton Act (1914) made illegal any acts that tended to interfere in free competition between and among industries, businesses, and all interstate commercial ventures.

Here is another fun little Oregon nugget: http://www.oregonlaws.org/ors/652.110

652.110¹
Method of paying employees

• agreement on method of payment
• revocation of agreement

(1) A person engaged in any business or enterprise of any kind in this state may not issue, in payment of or as evidence of indebtedness for wages due an employee, any order, check, memorandum or other instrument of indebtedness unless the instrument is negotiable and payable without discount in cash on demand at some bank or other established place of business in the county where the employee lives or works and where a sufficient amount of funds have been provided and are or will be available for the payment of the instrument when due. The person shall, upon presentation and demand, pay the instrument in lawful money of the United States.

Then the subsequent sections of that statue go on to lay ways for you to hang yourself.

Thank you all, I just got back on line after hiatus and am particularly interested in following up with more research given the leads so far

Remember the US chartered banks are in "Federal Reserve Districts" and might not be "in the State" or "in this State". I might suggest that if one really-really-really comprehends the way "government" is set up in the US/USA such statutes should make sense 110%.

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Originally Posted by Brian

Here is another fun little Oregon nugget: http://www.oregonlaws.org/ors/652.110

652.110¹
Method of paying employees

• agreement on method of payment
• revocation of agreement

(1) A person engaged in any business or enterprise of any kind in this state may not issue, in payment of or as evidence of indebtedness for wages due an employee, any order, check, memorandum or other instrument of indebtedness unless the instrument is negotiable and payable without discount in cash on demand at some bank or other established place of business in the county where the employee lives or works and where a sufficient amount of funds have been provided and are or will be available for the payment of the instrument when due. The person shall, upon presentation and demand, pay the instrument in lawful money of the United States.

Then the subsequent sections of that statue go on to lay ways for you to hang yourself.

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A nugget indeed... This is wonderful.

The General Assembly has operated continuously since 1777, when Georgia became one of the thirteen original states and revoked its status as a colony of Great Britain. http://www.legis.ga.gov/en-US/default.aspx

2010 Georgia Code
TITLE 34 - LABOR AND INDUSTRIAL RELATIONS
CHAPTER 7 - MASTER AND SERVANT
ARTICLE 1 - GENERAL PROVISIONS
§ 34-7-2 - Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer O.C.G.A. 34-7-2 (2010)

34-7-2. Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer
http://law.justia.com/codes/georgia/...icle-1/34-7-2/

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Originally Posted by Chex

The General Assembly has operated continuously since 1777, when Georgia became one of the thirteen original states and revoked its status as a colony of Great Britain. http://www.legis.ga.gov/en-US/default.aspx

2010 Georgia Code
TITLE 34 - LABOR AND INDUSTRIAL RELATIONS
CHAPTER 7 - MASTER AND SERVANT
ARTICLE 1 - GENERAL PROVISIONS
§ 34-7-2 - Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer O.C.G.A. 34-7-2 (2010)

34-7-2. Payment of wages by lawful money, checks, or credit transfer; selection of payment dates by employer
http://law.justia.com/codes/georgia/...icle-1/34-7-2/

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http://law.justia.com/codes/georgia/...icle-1/34-7-3/

Just to add further evidence, this is further within the constitution..

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(a) Any order, check, draft, note, or other instrument issued in payment of wages or salary due or to become due must be negotiable and payable in cash, on demand, without discount, at some established place of business in the United States, the name and address of which must appear on the instrument. At the time of issuance of such instrument and for a reasonable time thereafter (which must be at least 30 days), the maker or drawer must have sufficient funds or credit or an arrangement or understanding with the drawee as to its payment.

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"in cash" vs "in lawful money. "place of business in the United States" vs "in this State".

Federal Reserve Notes -> cash.
place of business in the United States -> a bank in a Federal Reserve District.

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The General Assembly has operated continuously since 1777, when Georgia became one of the thirteen original states and revoked its status as a colony of Great Britain.

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Or did Georgia become a free, independent and sovereign state? Or is that the same thing?

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Originally Posted by Keith Alan

Banking is interstate commerce.

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More on interstate commerce.

"More than $65 million a day flows through that office." Shoffner who received thousands in cash gifts from Steele Stephens, a broker who made $2.5 million in commissions from deals with the office.

Shoffner's trial on extortion charges is expected to be completed today. Can her attorneys persuade a jury that cash gifts were just smelly actions of a friend helping a friend in need, or a crime?


The most interesting element of coverage today was a remark from Judge Leon Holmes that said defense attorneys had raised interesting questions of federal jurisdiction in the matter and that he might take briefs on the point if a verdict goes against Shoffner.

Defense attorney Grant Ballard then moved for acquittal, arguing that interstate commerce was not involved, no federal money was involved (may just be ) and no specific quid-pro-quo agreement existed between Shoffner and Stephens, so the requirements for federal extortion and bribery charges had not been met.

Assistant U.S. Attorney Stephanie Mazzanti argued that interstate commerce was affected by the bond trades that Shoffner allowed Stephens to conduct, that the money the state treasurer’s office uses for investments includes some federal funds, and that Shoffner did approach Stephens with a request for financial help which he then provided and for which he received increased business and, consequently, commissions.

U.S. District Judge Leon Holmes said he would take the arguments under advisement and revisit them in the event of a guilty verdict.

From, http://www.arktimes.com/ArkansasBlog...asurers-office

2010 Arkansas Code
Title 14 - Local Government
Subtitle 2 - County Government
Chapter 23 - Claims Against Counties
Subchapter 1 - General Provisions
§ 14-23-106 - Allowance of more than amount due unlawful.
http://law.justia.com/codes/arkansas...r-1/14-23-106/

It will be interesting to read U.S. District Judge Leon Holmes verdict.

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Originally Posted by Brian

Here is another fun little Oregon nugget: http://www.oregonlaws.org/ors/652.110

unless the instrument is negotiable and payable without discount .

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The stipulation in the law that wages must be payed in an instrument that is not discounted seems to demand that the payment be made in lawful money since the return required for FRN use (our income tax) is a form of discount??

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Originally Posted by Chex

More on interstate commerce.

"More than $65 million a day flows through that office." Shoffner who received thousands in cash gifts from Steele Stephens, a broker who made $2.5 million in commissions from deals with the office.

Shoffner's trial on extortion charges is expected to be completed today. Can her attorneys persuade a jury that cash gifts were just smelly actions of a friend helping a friend in need, or a crime?


The most interesting element of coverage today was a remark from Judge Leon Holmes that said defense attorneys had raised interesting questions of federal jurisdiction in the matter and that he might take briefs on the point if a verdict goes against Shoffner.

Defense attorney Grant Ballard then moved for acquittal, arguing that interstate commerce was not involved, no federal money was involved (may just be ) and no specific quid-pro-quo agreement existed between Shoffner and Stephens, so the requirements for federal extortion and bribery charges had not been met.

Assistant U.S. Attorney Stephanie Mazzanti argued that interstate commerce was affected by the bond trades that Shoffner allowed Stephens to conduct, that the money the state treasurer’s office uses for investments includes some federal funds, and that Shoffner did approach Stephens with a request for financial help which he then provided and for which he received increased business and, consequently, commissions.

U.S. District Judge Leon Holmes said he would take the arguments under advisement and revisit them in the event of a guilty verdict.

From, http://www.arktimes.com/ArkansasBlog...asurers-office

2010 Arkansas Code
Title 14 - Local Government
Subtitle 2 - County Government
Chapter 23 - Claims Against Counties
Subchapter 1 - General Provisions
§ 14-23-106 - Allowance of more than amount due unlawful.
http://law.justia.com/codes/arkansas...r-1/14-23-106/

It will be interesting to read U.S. District Judge Leon Holmes verdict.

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State Treasurer's office != chartered bank. Arkansas might have different perspective on state banks than Oregon.

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Originally Posted by allodial

State Treasurer's office != chartered bank. Arkansas might have different perspective on state banks than Oregon.

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Federal government customer, state government customer it’s all the same just different rules.

One definition of "customer" is "holder of a royal warrant".

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Originally Posted by allodial

One definition of "customer" is "holder of a royal warrant".

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Some of us are all customers.

A bond http://financial-dictionary.thefreedictionary.com/Bond is money http://financial-dictionary.thefreedictionary.com/Money is federal reserve notes http://financial-dictionary.thefreed...+reserve+notes circulating notes equal to the par value of such bonds #5 http://www.federalreserve.gov/aboutthefed/section18.htm

The 14 counts covered six counts of extortion, one count of attempted extortion and seven counts of bribery. But it all boiled down to money passed by Stephens to Shoffner over the course of four years when he wound up with more than a half-billion in bond business, far more than any other broker

He told of cash payments, but investigators had no proof of that until his secretly taped May foray to her Newport home with a pie box stuffed with an apple pie and a $6,0000 roll of hundreds. She was arrested that day, a Saturday, and resigned the next week.

She also is awaiting trial on separate federal charges of converting campaign contributions to personal expenses charged on her credit card.

Shoffner offered no defense witnesses and her attorneys held to their story that Shoffner might have broken state ethics laws by taking illegal cash gifts and campaign contributions, but what she'd done didn't constitute bribery and wasn't a federal offense.

No word yet if the judge has ruled on a defense motion that the prosecutors hadn't proved a federal crime because the payments weren't in interstate commerce.
The government argued that the state investments included federal money and were used for securities from other states. The judge said he'd rule on that afar the verdict.

For David,
The requirement that said notes not be discounted refers to earlier practice where notes (evidence of indebtedness) were traded and typically discounted prior to their due date. A check is such a note, but in modern banking practice checks are not discounted, they are payable on demand (ie, already due). For an excellent treatise on commercial practices with commercial paper trading practices, see Chitty on Bills of Exchange, available here: http://books.google.com/books?id=L-o...page&q&f=false This is not a reference to lawful money.

Freed

Thank you Freed Gerdes. I eventually came across this same information as I continued to read on the Internet. I also came across information regarding "this State" and "the State" in the Oregon Statues. "As used in ORS 131.205 (Definition for ORS 131.205 to 131.235) to 131.235 (Criminal homicide), this state means the land and water and the air space above the land and water with respect to which the State of Oregon has legislative jurisdiction. [1973 c.836 §13]" Thus the logic that Bank of America operates in the fiction of the Corporate state and does not break the laws of the substantive 'the State"

Once a term is defined in the statues would it apply wherever the term appears, unless redefined for a particular statue?