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Thread: Oregon Constitution Article XI Sec. 1

  1. #11
    Quote Originally Posted by Chex View Post
    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/
    http://law.justia.com/codes/georgia/...icle-1/34-7-3/

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

    (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.
    Last edited by mikecz; 03-10-14 at 02:51 PM.

  2. #12
    "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.

    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.
    Or did Georgia become a free, independent and sovereign state? Or is that the same thing?
    Last edited by allodial; 03-10-14 at 04:00 PM.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  3. #13
    Quote Originally Posted by Keith Alan View Post
    Banking is interstate commerce.
    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.
    Last edited by Chex; 03-11-14 at 01:08 PM.

  4. #14
    Quote Originally Posted by Brian View Post
    Here is another fun little Oregon nugget: http://www.oregonlaws.org/ors/652.110

    unless the instrument is negotiable and payable without discount .
    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??

  5. #15
    Quote Originally Posted by Chex View Post
    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.
    State Treasurer's office != chartered bank. Arkansas might have different perspective on state banks than Oregon.
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  6. #16
    Quote Originally Posted by allodial View Post
    State Treasurer's office != chartered bank. Arkansas might have different perspective on state banks than Oregon.
    Federal government customer, state government customer it’s all the same just different rules.

  7. #17
    One definition of "customer" is "holder of a royal warrant".
    All rights reserved. Without prejudice. No liability assumed. No value assured.

    "The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane." -- Marcus Aurelius
    "It is the glory of God to conceal a thing: but the honour of kings is to search out a matter." Proverbs 25:2
    Prove all things; hold fast that which is good. Thess. 5:21.

  8. #18
    Quote Originally Posted by allodial View Post
    One definition of "customer" is "holder of a royal warrant".
    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.

  9. #19
    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

  10. #20
    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?

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