Amendment 7. provides that the value of controversies at common law are to be measured in dollars and dollars as fixed by law in 1 Stat. 246, are to contain three hundred seventy one and four sixteenths (371 4/16) grains of pure silver.
To be a candidate for mayor of Salt Lake City, the Salt Lake City Code requires a payment of 315.00 dollars to have the name printed on the ballot, or 315 signatures in stead of the payment of dollars. By allowing the payment to be made in false dollars, pretended dollars, but not in units of silver, then the ordinance is unconstitutional and void, and the public accounts and records are falsified, in felony violation of state and federal law. Any person who uses any thing but gold and silver coin of standard regulated value as lawful money of the United States is (1) dishonest, and (2) unfit for public office under the Constitution of the United States of America and the Constitution of the State of Utah or any political subdivision thereof. The use of any Thing but gold and silver Coin as a Tender in Payment of Debt under the Constitution of the United States is an act of rebellion against the United States and any State thereof, which, of course, includes the State of Utah.
The rebellion which occured against the United States in the Civil War, continues until this day, June 15, 2003 A.D., and eventually will lead to the destruction of all nations. The rage for "paper money" and fictitious bank credit and false coins has engulfed the whole world with fraud, lies and deceit. It is time to put an end the this fraud, feloneous falsifying of public records and accounts, the lies and deceit, right here, right now, in Salt Lake City, Salt Lake County, and in the State of Utah. The whole of society is corrupted, from top to bottom. As Jeremiah the Prophet said, "for every one from the least even unto the greatest is given to covetousness, from the prophet even unto the priest every one dealeth falsely." Jeremiah 8:11.
Those who uphold paper as money, and copper-nickel coins, and the fictitious bank credit which is, in part, based thereon are enemies to the United States, the State of Utah, the County of Salt Lake and the city of Salt Lake City. The Salt Lake City Code is based entirely on fraud in relation to elections, licenses, fees, taxes, and fines, by using false notes, false coins, and fictitious bank and other forms of credit instead of gold and silver Coin as required by the Constitution and laws of the United States of America, and the Constitution and laws of the State of Utah.
Utah as a State is expressly prohibited from making any thing but gold and silver coin a tender in payment of debts. A dollar is a unit of silver. Falsifying public records and accounts is a third degree felony in the State of Utah.
Any candidate for mayor of Salt Lake City or for the city council who uses any false notes, false coins or fictitious bank credit instead of lawful gold and silver coined money of the United States as a "filing fee" is guilty of fasifying a public account, a felony, without statute of limitation. And since the false notes, false coins, and fictitious bank credit have no lawful gold and silver coin monetary value, there is no filing fee paid, and therefore the person cannot qualify to be an official candidate for public office.
If the intent of the ordinance is to allow false notes, false coins and false bank credit, which are not redeemable, dollar for dollar in gold and silver coin of the United States, then the ordinance is unconstitutional and void. If any person accepts a false payment as a filing fee, that person is guilty of a felony. If any person offers a false payment as a filing fee, that person is guilty of a felony, under both state and federal law. UCA 76-8-414, 18 USC 331, 332, 371, 471, 472, 473, 892, 1962, among others.
Persons who are under oath to support, obey and defend the Constitution of the United States and the Constitution of this State who violate that oath are subject to removal from office, and prosecution, or if the offense is in rebellion to the Constitution, the office is forfeited, pursuant to Amendment 14 of the Constitution of the United States. and such persons are not eligible to hold public office until the disability is removed by those not in rebellion.
Amendment XIV.
Section. 1. "All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws."
Section. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State. [Amended]
Section. 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability. [Nearly all public offices are therefore, legally, vacant, because of racketeering, insurrection, rebellion and treason.]
Section. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
[All paper money, false coin, and fictitious bank credit "debts" are therefore, unconstitutional and void, particularly where those claiming to hold public office are in rebellion, and no State is obligated to pay for the misdeeds of the rebellious former public officials or officers.]
52-1-1. Official bonds to run to state, county, city or other agency.
When the law directs that a public officer shall give a bond without prescribing to whom it shall run it shall be made, if he is a state officer, to the state; if a county, precinct or district officer, to the county; if a municipal officer, to the city or town; and if a school officer, to the board of education.
[All bonds not paid for with gold and silver coin are unconstitutional and void, and therefore, all offices are vacant, or the bond is not required under the constitutional law.]
No Change Since 1953
52-1-2. Bonds to state -- Approval and recording -- Filing of oaths. Whenever state officers, officials of state institutions, or other persons, are required to give official bonds to the state, the bonds, unless otherwise provided, shall be approved by the Division of Finance, and recorded by the state treasurer in a book kept for that purpose. The oaths of office of all state officials shall be filed with the Division of Archives.
Amended by Chapter 67, 1984 General Session [Amendment is void. No official bond is set or required]
52-1-3. County, precinct and district officers -- Where filed.
Official oaths and bonds of county, precinct and district officers shall be filed with the county clerk, except those of the county clerk which shall be filed with the county treasurer.
No Change Since 1953
52-1-4. City officers -- Where filed.
Official oaths and bonds of city officers shall be filed with the city recorder, except those of the city recorder which shall be filed with the city treasurer. [This state law, supercedes, the Salt Lake City Ordinance as to where to file the oath of the city recorder, if the oath was not filed with the city treasurer, then the office of city recorder is vacant as a matter of law and all acts performed by the person failing to qualify are unofficial and void. U.S. Supreme Court (1856), Parker v. Overman, 18 Howard 137 (1856)].
No Change Since 1953
[Utah Code Annotated, 1953, as amended through 1974, except 52-1-2 which was unofficially altered in 1984, when no senator had qualified for office in the Utah Legislature because no senator filed the required oath of office with the secretary of state, lieutenant governor, or with the division of archives before attempting to amend 52-1-2, as to the place for filing oaths of office. Any amendment attempted since 1974 A.D., is unconstitutional and void. And the Constitutional law of Utah still requires all oaths of office of state officials to be filed with the secretary of State.]
Salt Lake City Ordinance:
2.42.010 Elected And Appointed Officers Requiring Oaths:
The following elected and appointed officers, before entering upon the duties of their respective offices shall take and subscribe the constitutional oath of office, which shall be filed with the City Recorder:
A. Mayor;
B. City Council members;
C. City Attorney;
D. Director of each City department;
E. City Treasurer;
F. City Engineer;
G. City Recorder; [This provision conflicts with state law 52-1-4.]
H. Peace officer;
I. Firefighters;
J. Such other officers or employees designated by the Mayor by executive order who hold positions of trust or unique responsibility. (Amended during 1/88 supplement: prior code § 24-6-1)
11.36.010 Definitions.
For the purposes of this chapter:
A. "Deception" occurs when a person intentionally:
1. Creates or confirms by words or conduct an impression of law or fact that is false and that the actor does not believe to be true, and that is likely to affect the judgment of another in the transaction; or
2. Fails to correct a false impression of law or fact that the actor previously created or confirmed by words or conduct that is likely to affect the judgment of another and that the actor does not now believe to be true; or
3. Prevents another from acquiring information likely to affect his judgment in the transaction; or
4. Sells or otherwise transfers or encumbers property without disclosing a lien, security interest, adverse claims, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim or impediment is or is not valid or is or is not a matter of official record; or
5. Promises performance that is likely to affect the judgment of another in the transaction, which performance the actor does not intend to perform or knows will not be performed; provided, however, that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed.
B. "Obtain" means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another, in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph or other reproduction.
C. "Obtain or exercise unauthorized control" means, but is not necessarily limited to, conduct heretofore defined or known as common-law larceny by trespassory taking, larceny by conversion, larceny by bailee, and embezzlement.
D. "Property" means anything of value, including real estate, tangible and intangible personal property, captured or domestic animals and birds, written instruments or other writings representing or embodying rights concerning real or personal property, labor or services, or otherwise containing anything of value to the owner, commodities of a public utility nature such as telecommunications, gas, electricity, steam or water, and trade secrets, meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by such owner.
E. "Purpose to deprive" means to have the conscious object:
1. To withhold property permanently or for so extended a period, or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof would be lost; or
2. To restore the property only upon payment of a reward or other compensation; or
3. To dispose of the property under circumstances that make it unlikely that the owner will recover it. (Ord. 88-86 § 60 (part), 1986: prior code § 32-3-1)
11.40.030 Cheats and swindlers.
It is unlawful for any person to engage in or practice any game, trick or device with the intent to obtain money or other valuable thing from others by trick or fraud, or to aid or assist therein. (Prior code § 32-4-2)
11.04.070 Falsifying or altering government records.
It is unlawful for any person to:
A. Knowingly make a false entry or alteration of anything belonging to, or to be received by or to be kept by the city corporation for information or record, or which is required by law to be kept for information or record; or
B. Present or use anything, knowing it to be false, with a purpose that it be taken as a genuine part of information or records referred to in subsection A of this section; or
C. Intentionally destroy, conceal or otherwise impair the verity or availability of information or records referred to in subsection A of this section. (Prior code § 32-10-4)
11.04.090 Statements containing false or deceptive information.
It is unlawful for any person, with an intent to deceive any public official in the performance of his or her official function, to:
A. Make any written false statement which the person does not believe to be true; or
B. Knowingly create a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or
C. Submit or invite reliance on any writing, which the person knows to be lacking in authenticity; or
D. Submit or invite reliance on any sample, specimen, map, boundary, mark or other object, which the person knows to be false. (Prior code § 32-10-3)
11.36.020 Theft-Evidence to support accusation.
A. Conduct denominated "theft" in this chapter constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailees, embezzlement, false pretense, extortion, blackmail and receiving stolen property.
B. An accusation of theft may be supported by evidence that it was committed in any manner specified in Sections 76-6-404 through 76-6-410, Utah Code Annotated, or their successors, subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise. (Ord. 88-86 § 60 (part), 1986: prior code § 32-3-2)
11.36.050 Theft by extortion.
A. A person is guilty of theft if such person obtains or exercises control over the property of another by extortion and with the purpose to deprive him or her thereof.
B. As used in this section, extortion occurs when a person threatens to:
1. Cause physical harm in the future to the person threatened, or to any other person or to property at any time; or
2. Subject the person threatened or any other person to physical confinement or restraint; or
3. Engage in other conduct constituting a crime; or
4. Accuse any person of a crime, or expose such person to hatred, contempt, or ridicule; or
5. Reveal any information sought to be concealed by the person threatened; or
6. Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
7. Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding; or
8. Bring about or continue a strike, boycott or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent; or
9. Do any other act which would not in itself substantially benefit him or her, but which would harm substantially any other person with respect to that person's health, safety, business, calling, career, financial condition, reputation or personal relationships. (Ord. 88-86 § 60 (part), 1986: prior code § 32-3-2.3)
1.04.010 Definitions and interpretation of language.
A. In the construction of this code and all ordinances amendatory thereof, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the legislative body or repugnant to the context of the ordinance.
B. Interpretation of Language.
1. The singular number includes the plural.
2. Words used in the present tense include the future.
3. Words used in the masculine gender comprehend, as well, the feminine and neuter.
C. Definitions.
1. "Bribe" means and signifies any money, goods, rights in action, property, thing of value, or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence unlawfully the person to whom it is given in his action, vote, or opinion in any public or official capacity.
2. "City" means the city of Salt Lake City, Utah.
3. "Corruptly" means and imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.
4. "Highway" and "road" means and includes public bridges, and may be held equivalent to the words "county way," "county road," "common road" and "state road."
5. "Knowingly" imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.
6. "Land," "real estate" and "real property" means and includes land, tenements, hereditaments, water rights, possessory rights and claims.
7. "Malice" and "maliciously" means and imports a wish to vex, annoy or injure another person, or an intent to do a wrongful act, established either by proof or by presumption of law.
8. "Mayor" means the duly elected or appointed mayor of Salt Lake City, Utah, and shall include any person or persons designated by the mayor to act in his/her stead, unless the context clearly indicates that the mayor, as an individual person, is intended.
9. "Month" means a calendar month unless otherwise expressed, and the word "year" or the abbreviation "A.D." is equivalent to the expression "year of our Lord."
10. "Neglect," "negligence," "negligent" and "negligently" means and imports a want of such attention to the nature or probable consequences of the act of omission as a prudent man ordinarily bestows in acting in his own concern.
11. "Oath" means and includes "affirmation," and the word "swear" includes the word "affirm." Every mode of oral statement under oath or affirmation is embraced in the term "testify" and every written one in the term "dispose."
12. "Officer" means and includes officers and boards in charge of departments and the members of such boards.
13. "Owner," applied to a building or land means and includes any part owner, joint owner, tenant in common, joint tenant or lessee of the whole or of a part of such building or land.
14. "Person" means and includes bodies politic and corporate, partnerships, associations and companies.
15. "Personal property" means and includes every description of money, goods, chattels, effects, evidences of rights in action, and all written instruments by which any pecuniary obligation, rights or title to property is created, acknowledged, transferred, increased, defeated, discharged or diminished, and every right or interest therein.
16. "Property" means and includes both real and personal property.
17. "Signature" means and includes any name, mark or sign written with the intent to authenticate any instrument or writing.
18. "State" means the state of Utah.
19. "Street" means and includes alleys, lanes, courts, boulevards, public ways, public squares, public places and sidewalks.
20. "Tenant" or "occupant," applied to a building or land, means and includes any person who occupies the whole or any part of such building or land either alone or with others.
21. "Wilfully," when applied to the intent with which an act is done or omitted, means and implies simply a purpose or willingness to commit the act or make the omission referred to. It does not require any intent to violate law, or to injure another, or to require any advantage.
22. "Writing" means and includes printing, writing and typewriting. (Amended during 1/88 supplement; prior code § 26-1-3 (part))
Signed and Dated this 15th day of July in the year of our Lord, 2003, as an official notice of the past and potential criminal election law violations and fraud upon the public in Salt Lake City, Salt Lake County, and in the State of Utah. It will end, here, and now, in Salt Lake City.
.
____________________________
Lawrence Rey Topham
Candidate for Mayor
Salt Lake City, Utah
July 15, 2003 A.D., J.D. Blades, Salt Lake City Treasurer's office, told me the oath of office for Kendrick D. Cowley was not on file with the city treasurer. Mr. Lundberg in the same office, told me on July 17, 2003 A.D., the city recorder's oath of office was not on file in that office, pursuant to Utah Code Annotated, Section 52-1-4, and 52-2-1 declares the office vacant if not filed within 60 days after the term of office begins. A formal written request for that oath was filed this day, July 17, 2003 A.D., by Lawrence Rey Topham.