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Thread: Municipal Powers 101

  1. #1
    Senior Member Michael Joseph's Avatar
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    Municipal Powers 101

    I am reposting here a presentation made by lotus: justice and her notes.

    Municipal Powers 101

    The greater point of this video and the citations provided is that a resolutions of a municipal council, or an administrative order, when not considered as a law, or an ultra vires ordinance (this is a whole other issue in Equity Law), cannot impair a contract obligation. Neither is the decision of a municipal judicial tribunal considered the passage of a law. I have heard that general corporations proper were originally outlawed on the Land of the States of America united as they were seen as instruments of corruptions....I have not researched this belief to see if it is founded in Fact but I can say that such a thing was told to me before I understood their history, design and function in a state in coup. Having said that, this is what this video shall bring to the truth as the coup of the municipal corporations of the States of America united by the foreign BAR Union and the overlaying state as a corporate instrument upon the people is the root of all coup powers as the checks and balances of the 4th Branch have been obfuscated and thus removed by those who would do harm to the world at large by forcing foreign jurisdictions upon All Free People of The Land. In this video I brought forth the positive law in case citations. Such citations are as follows but I cannot speak to whether these causes have been overturned since they were settled upon the bar as I have not 'Shepardized" them in Shepard's Citations. Thus if anyone finds they have been overturned, please just send me that citation.

    **"Federal Limitations Upon Municipal Ordinance Making Power," The OHIO STATE UNIVERSITY PRESS, COLUMBUS ,1929. **The hierarchy of Law and law as statute, Whitney v Robertson, 124 U.S.190, 194, 31 L. Ed. 386 (1888).

    **Executive rules and order are subordinate to the Federal and State Constitutions though not expressed in them but as organized under the army and navy regulations as the constitutional power of the Commander in Chief.

    **The power to create, alter and abolish municipal corporations are within state territorial jurisdictions, Jefferson City Gas Light Co. v Clark et al. 95 U.S 644, 24 L. Ed. 521 (1877); City of Quincy v Cooke 107 U.S. 549, 27 L. Ed. 549 (1883); Girard v City of Philadelphia, 7 Wall. 1, 19 L. Ed. 53 (1869); Long Island Water Supply Company v City of Brooklyn, 166 U.S. 685, 41 L. Ed. 1165 (1897).

    **Power to grant charters is a legislative power and must be exercises as such under the doctrine of the separation of powers though by constitutional amendment cities may frame and adopt their own municipal charters, City of St. Louis v Western Union Telegraph Co. 149 U.S. 465, 37 L. Ed. 810, (1893).

    **Municipalities are mere agents of the state legislatures created by it to aid it in the administration of the state’s business and are thus deemed administrative areas when challenged and/or engaged in federal constitutional inquiry, Town of East Hartford v Hartford v Hartford Bridge Co., 10 How. 511, 13 L. Ed. 518 (1850); Rogers v City of Burlington, 3 Wall. 654, 18 L. Ed. 79 (1850); United States v Baltimore & Ohio Ry. Co., 17 Wall 322, 21 L. Ed. 597 (1873); Nashville v Ray, 19 Wall 468, 22 L. Ed. 164 (1874); Maryland v Baltimore & Ohio Ry. Co., 3 How. 534, 11 L. Ed. 174 (1845); Weightman v Washington, 1 Black 39, 17 L. Ed. 52 (1862), Chicago B.&O. Ry. v County of Otoe, 16 Wall 667, 21 L. Ed. 375 (1873).

    **Federal courts have jurisdiction and cognizance to resolve issues arising from federal constitutional inquiry and are resolved in the same manner as between state and federal governments. Such as in

    -Power of municipalities to tax or not to tax United States stock or bank capital invested in United States treasury notes: McCulloch v Maryland in Wenton v City of Charlston, 2 Pet. 449, 7 L. Ed. 481 (1829); Bank of New York v County of New York, 7 Wall. 26, 19 L. Ed 60 (1869).

    -The federal government shall retain the first lien on unpaid balances on the sale of land under Acts of Congress and municipal corporation tax liens do not supersede such federal liens, City of Brunswick v U. S. and U.S. Housing Corporation, 276 U. S. 547, 48 Sup. Ct. Rep. 371, 72 L. Ed. 693 (1928).

    -Federal government will not levy or collect taxation of states or municipal except in proprietary activities, Salt Lake City v Hollister, 118 U.S. 256, 30 L. Ed 176 (1886), City of Philadelphia v Diehl, 5 Wall. 720, 18 L. Ed. 614 (1867), United States v Baltimore & Ohio R. Co., 17 Wall. 322, 24 L. Ed. 597 (1873).

    -The federal jurisdictional cognizance over municipal charters extends to bond and/or all other powers to contract where the “power to contract with the citizens of other states implies liability to suit by citizens of other states, Mercer Co. v Cowles, 7 Wall. 118, 19 L. Ed. 86 (1869).

    -A federally incorporated charter does not operate against the right to exercise the proper police powers of the city, Ill. Cent. Ry. Co. v City of Chicago, 176 U.S 646, 44 L. Ed. 622(1900).
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  2. #2
    Quote Originally Posted by Michael Joseph View Post
    I am reposting here a presentation made by lotus: justice and her notes.

    Municipal Powers 101

    The greater point of this video and the citations provided is that a resolutions of a municipal council, or an administrative order, when not considered as a law, or an ultra vires ordinance (this is a whole other issue in Equity Law), cannot impair a contract obligation. Neither is the decision of a municipal judicial tribunal considered the passage of a law. I have heard that general corporations proper were originally outlawed on the Land of the States of America united as they were seen as instruments of corruptions....I have not researched this belief to see if it is founded in Fact but I can say that such a thing was told to me before I understood their history, design and function in a state in coup. Having said that, this is what this video shall bring to the truth as the coup of the municipal corporations of the States of America united by the foreign BAR Union and the overlaying state as a corporate instrument upon the people is the root of all coup powers as the checks and balances of the 4th Branch have been obfuscated and thus removed by those who would do harm to the world at large by forcing foreign jurisdictions upon All Free People of The Land. In this video I brought forth the positive law in case citations. Such citations are as follows but I cannot speak to whether these causes have been overturned since they were settled upon the bar as I have not 'Shepardized" them in Shepard's Citations. Thus if anyone finds they have been overturned, please just send me that citation.

    **"Federal Limitations Upon Municipal Ordinance Making Power," The OHIO STATE UNIVERSITY PRESS, COLUMBUS ,1929. **The hierarchy of Law and law as statute, Whitney v Robertson, 124 U.S.190, 194, 31 L. Ed. 386 (1888).

    **Executive rules and order are subordinate to the Federal and State Constitutions though not expressed in them but as organized under the army and navy regulations as the constitutional power of the Commander in Chief.

    **The power to create, alter and abolish municipal corporations are within state territorial jurisdictions, Jefferson City Gas Light Co. v Clark et al. 95 U.S 644, 24 L. Ed. 521 (1877); City of Quincy v Cooke 107 U.S. 549, 27 L. Ed. 549 (1883); Girard v City of Philadelphia, 7 Wall. 1, 19 L. Ed. 53 (1869); Long Island Water Supply Company v City of Brooklyn, 166 U.S. 685, 41 L. Ed. 1165 (1897).

    **Power to grant charters is a legislative power and must be exercises as such under the doctrine of the separation of powers though by constitutional amendment cities may frame and adopt their own municipal charters, City of St. Louis v Western Union Telegraph Co. 149 U.S. 465, 37 L. Ed. 810, (1893).

    **Municipalities are mere agents of the state legislatures created by it to aid it in the administration of the state’s business and are thus deemed administrative areas when challenged and/or engaged in federal constitutional inquiry, Town of East Hartford v Hartford v Hartford Bridge Co., 10 How. 511, 13 L. Ed. 518 (1850); Rogers v City of Burlington, 3 Wall. 654, 18 L. Ed. 79 (1850); United States v Baltimore & Ohio Ry. Co., 17 Wall 322, 21 L. Ed. 597 (1873); Nashville v Ray, 19 Wall 468, 22 L. Ed. 164 (1874); Maryland v Baltimore & Ohio Ry. Co., 3 How. 534, 11 L. Ed. 174 (1845); Weightman v Washington, 1 Black 39, 17 L. Ed. 52 (1862), Chicago B.&O. Ry. v County of Otoe, 16 Wall 667, 21 L. Ed. 375 (1873).

    **Federal courts have jurisdiction and cognizance to resolve issues arising from federal constitutional inquiry and are resolved in the same manner as between state and federal governments. Such as in

    -Power of municipalities to tax or not to tax United States stock or bank capital invested in United States treasury notes: McCulloch v Maryland in Wenton v City of Charlston, 2 Pet. 449, 7 L. Ed. 481 (1829); Bank of New York v County of New York, 7 Wall. 26, 19 L. Ed 60 (1869).

    -The federal government shall retain the first lien on unpaid balances on the sale of land under Acts of Congress and municipal corporation tax liens do not supersede such federal liens, City of Brunswick v U. S. and U.S. Housing Corporation, 276 U. S. 547, 48 Sup. Ct. Rep. 371, 72 L. Ed. 693 (1928).

    -Federal government will not levy or collect taxation of states or municipal except in proprietary activities, Salt Lake City v Hollister, 118 U.S. 256, 30 L. Ed 176 (1886), City of Philadelphia v Diehl, 5 Wall. 720, 18 L. Ed. 614 (1867), United States v Baltimore & Ohio R. Co., 17 Wall. 322, 24 L. Ed. 597 (1873).

    -The federal jurisdictional cognizance over municipal charters extends to bond and/or all other powers to contract where the “power to contract with the citizens of other states implies liability to suit by citizens of other states, Mercer Co. v Cowles, 7 Wall. 118, 19 L. Ed. 86 (1869).

    -A federally incorporated charter does not operate against the right to exercise the proper police powers of the city, Ill. Cent. Ry. Co. v City of Chicago, 176 U.S 646, 44 L. Ed. 622(1900).
    As is exposed in Legal Identity; The Coming of Age of Public Law by Joseph VINING, the State itself can obfuscate whether or not it is operating under municipal law, or constitutional charter. I try considering the woman giving the brief expose in terms of application, so she loses a lot of traction with me resorting to man-made law vs god-made common law. That is to say, simply because I feel I have been there so long ago that the T-shirt is too rotten to wear:


    Thank you brain trust, and you know who you are, that we construct on experience and knowledge into wisdom. This will fly past most but if you skip to the signature line you might get it; look for BERNARD's oath and then examine his witness DAILEY, who actually beholds three witnesses! Bond! Recourse to the law; as in jackpot!

    As you see, the Notice of Appeal was published in Albany on August 8, mailed in the August 5 USPS trip. #7019 1120 0001 1125 6072

    USPS Tracking

    So it was not only published instantly but at high resolution as though the clerk wanted the oaths to hold up to rules of evidence in the Doc 76. So I am bringing it to you by gcloud.

    But this might be a better key. Mailed Registered, which is the most secure method, on the same day #RB475603500US has not been served upon the Masons in the Southern Jurisdiction. Simple intelligence describes that the Masons have the intelligence to interfere with the Postal Roads under the municipal jurisdiction of I Chronicles Chapter 6. So I enjoy this bright woman when she says, "It's fine and dandy if the State is operating lawfully..."

    Bond-dodging is unlawful. The municipal body must be properly registered within the state "Home Rule" to have any of the state's authority conveyed.

    Well, first I was assuming the bondsman was panicked because he was going to have to refund all that money and try getting it back from Colorado's treasury. But something came up yesterday - came to light. Patrick objected to an illegal blood test in the arrest, in the trial last year that disappeared. The "judge" objected! (The Judge, objected?) So there the 'judge' went into collusion to protect the police power knowing it went beyond the scope of its authority. - An argument that will be devastating when finally addressed.

  3. #3
    “The place where the great city stands is not the place of stretch’d wharves, docks,
    manufactures, deposits of produce, …
    Nor the place of the tallest and costliest buildings, or shops selling goods from
    the rest of the earth,
    Nor the place of the best libraries and schools—nor the place where money is
    plentiest,
    Nor the place of the most numerous population….

    Where the city stands with the brawniest breed of orators and bards;
    Where the city stands that is beloved by these, and loves them in return, and
    understands them;
    Where no monuments exist to heroes, but in the common words and deeds;…

    Where thrift is in its place, and prudence is in its place;…
    Where the slave ceases, and the master of slaves ceases;
    Where the populace rise at once against the never-ending audacity of elected
    persons;
    Where fierce men and women pour forth, as the sea to the whistle of death pours
    its sweeping and unript waves;…

    There the great city stands.” Behaving incorporated The well-ordered soul is like the well-ordered city — apart from this organizational excellence, human flourishing, whether individually or communally, is just not possible. Plato saw psychological integrity and political stability as analogous. G.K. Chesterton, an English man of letters, expressed this sentiment best. Democracy “is not something analogous to playing the church organ, painting on vellum, discovering the North Pole (that insidious habit), looping the loop, being Astronomer Royal, and so on. For these things we do not wish a man to do at all unless he does them well. It is, on the contrary, a thing analogous to writing one’s own love-letters or blowing one’s own nose. These things we want a man to do for himself, even if he does them badly…In short, the democratic faith is this: that the most terribly important things must be left to ordinary men themselves–the mating of the sexes, the rearing of the young, the laws of the state.” In defence of ones identity these aren't my kids

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