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Private Attorney General Illustrates A Lesson in the Common Law: Montana Mountain Man Arrested for Trying to Feed Himself, Leaves Judge Speechless

On Thursday, November 21, 2013 8:31 AM, "Paul Andrew Mitchell, B.A., M.S."  wrote:


http://www.realfarmacy.com/montana-mountain-man-arrested-for-trying-to-feed-himself-leaves-judge-speechless/

Montana Mountain Man Arrested for Trying to Feed Himself, Leaves Judge Speechless

In a packed courtroom, 52-year-old Ernie Tertelgte told the judge “I am a living man protected by natural law and I have the right to forage for food when I am hungry… You are trying to create a fictitious, fraudulent action.”

Charged with fishing without a license and resisting the arrest for fishing without a license, Mr. Tertegte  says he’s being wrongly prosecuted for trying to feed himself.
 
[end quote]


http://www.kbzk.com/news/packed-courtroom-for-manhattan-man-accused-of-fishing-without-a-license/


Private Attorney General Comments:

I have very recently been asked to locate any Montana laws
which recognize the common law as the rule of decision.

Sure enough, just as in other States of the Union,
the common law is the "rule of decision" in all
Montana State Courts:

Google site:leg.mt.gov "common law"
MCA: 
1-1-109. Common law of England -- when rule of decision.
The common law of England, so far as it is not repugnant to or inconsistent with
the constitution of the United States or the constitution or laws of this state,
is the rule of decision in all the courts of this state.


This is true, not only because of laws enacted by the
Montana Legislature;  the Seventh Amendment in the
U.S. Constitution mentions the common law twice,
and as such the Seventh Amendment is the supreme Law
of the Land throughout the State of Montana.

Now, as a general rule, the common law is relatively simple:
if there is no verified complaint of damage (to property)
or injury (to people), then the Government lacks jurisdiction.

In the case of a 911 emergency call, the Government
acquires jurisdiction automatically, by reason of custom.

However, if there is no emergency, the Government
continues to lack jurisdiction in the absence of
a verified complaint of damage or injury.

A citation for "fishing without a license" is, most probably,
not a verified complaint of damage or injury because
it alleges no damage to property and no injury to people.

There may have been a citation issued, but "tickets"
generally do NOT rise to the level of a verified complaint;
they are, at best, promises to appear, particularly if
the accused signs the ticket and thereby agrees to appear.

Also, since the arrest was not justified by any verified complaint(s)
and the arresting officer(s) witnessed no crime being committed,
resisting arrest was also justified -- in order to assert the
Defendant's fundamental Right to Liberty.

The defendant was correct to make a special appearance,
and declining to enter a plea was also correct.

If a court officer tries to enter a plea, the correct
procedure is to withdraw that plea.

If a court officer tries to re-enter a plea,
the correct move at that point is an OBJECTION,
duly noted in the record!
 
Whenever a court lacks jurisdiction, it can't do anything
and it must confront the issue of no jurisdiction
e.g. by dismissing the case, or by ordering the
Prosecutor to show cause why the case should
not be dismissed for want of jurisdiction.
 
These city courts of limited jurisdiction are generally
being operated now as "Cash Register Courts" in America,
and Americans forced to appear before them need
to study the common law in order to avoid making
costly mistakes.


--
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
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All Rights Reserved without Prejudice 
 
___
 
Related:
 

Private Attorney General Comments Again Re: Mountain Man Arrested In Courtroom, Gets the Last Word Again
http://tekgnosis.typepad.com/tekgnosis/2013/11/private-attorney-general-comments-again-re-mountain-man-arrested-in-courtroom-gets-the-last-word-aga.html

November 21, 2013 in Current Affairs | Permalink