Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

55
RECE\VE 2 J}OTICE OF l) ACANCY OF C!&FFICE in Common Law Court of Record Over Two Witnesses Lex Naturalis Dei Gratia Notice to Respondeat Superior is Notice to Respondeat Inferior. Notice to Respondeat Inferior is Notice to Respondeat Superior. FROM: The Sovereign People on Stevens county, on Washington state. TO: Gina A. Tveit 215 S. Oak St. Colville, Washington 99114 The people of Stevens County hereby serve you, Gina A. Tveit, Notice that the Office of Stevens County District Court Judge is vacant per RCW 42.12.010. On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law because your oath of office was not made a part of the official public records of Stevens County it therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes it clear you were to submit your oath of office and pay the requisite filing fee. By failing to file your oath and make it a permanent part of the official public records of Stevens County as the law requires, you have neglected to qualify for that office. "Officers are elected not for the benefit of the indiVidual, but for the benefit of the community; and an officer is so careless of the requirements of the law under which he is elected that he neglects to qu·cili./Y. it is a fair indication that he will be neglectful in thi! transaction of the duties of his office. " Lysons v. Ruff, 4 Wash. 234,29 P. 999 (1892). Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 NO.2. Right to hold public office is subject to qualifications imposed by legislature. " State ex rel. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct. 1698, 374 U.S. 808, 10 L. Ed.2d 1032. Now, as to your "oath", there are a few cases and RCW's that confinn that your "oath" is invalid according to law. "Use of word "shall" in statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994). Every official oath of office, whether for elective or appointive office in the State of Washington shall be fIled. RCW 36.16.060 Place offiling oaths and bonds. Every county officer, before entering upon the duties of his or her office, shall file his or her oath of office in the office of the county auditor and his or her offiCial bond in the office of the county clerk: ..fl,OTICE OF OF eFFICE J)age 1 of 5

description

Eleven duly elected but not "duly qualified" usurpers were notified those offices were Vacant per state law.

Transcript of Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

Page 1: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

RECE\VE 2~ 20\~

J}OTICE OF l)ACANCY OF C!&FFICE in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia Notice to Respondeat Superior is Notice to Respondeat Inferior. Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.

TO: Gina A. Tveit 215 S. Oak St. Colville, Washington 99114

The people of Stevens County hereby serve you, Gina A. Tveit, Notice that the Office of Stevens County District Court Judge is vacant per RCW 42.12.010.

On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law because your oath of office was not made a part of the official public records of Stevens County it therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes it clear you were to submit your oath of office and pay the requisite filing fee. By failing to file your oath and make it a permanent part of the official public records of Stevens County as the law requires, you have neglected to qualify for that office.

"Officers are elected not for the benefit of the indiVidual, but for the benefit of the community; and ~f an officer is so careless of the requirements ofthe law under which he is elected that he neglects to qu·cili./Y. it is a fair indication that he will be neglectful in thi! transaction ofthe duties ofhis office. " Lysons v. Ruff, 4 Wash. 234,29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 NO.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex rel. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct. 1698, 374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confinn that your "oath" is invalid according to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington shall be fIled.

RCW 36.16.060 Place offiling oaths and bonds.

Every county officer, before entering upon the duties ofhis or her office, shall file his or her oath ofoffice in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

..fl,OTICE OF ~ACANCY OF eFFICE J)age 1 of 5

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PROVIDED, That the official bond of the county clerk, ajier first being recorded by the county auditor, shall be filed in the office ofthe county treasurer.

Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015. RCW 65.04.015 Definitions. The definitions set forth in this section apply throughout this chapter unless the context clearly

reqUires otherwise. (1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with

the responsibility for recording instruments in the county records. (2) "File," "filed, " or ''filing'' means the act ofdelivering or transmitting electronically an instrument to the auditor or recording officer for recording into the offlcial public record~.

(3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetiC, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Recording number" means a unique number that identifies the storage location (book or volume and page, reel and frame, instrument number, auditor or recording officer tile number, receiving number, electronic retrieval code, or other specific place) of each instrument in the public records accessible in the same recording offlce where the instrument containing the reference to the location is found.

In order to incorporate a document into the official public record, RCW 65.04.040 requires that a prescribed procedure shall be complied with:

RCW 65.04.040 Method for recording instruments - Marginal notations - Arrangement ofrecords. Any state, county, or municipal officer charged with the duty of recording instruments in public records shall record them by *record location number in the order filed, irrespective of the type oOnstrument, using a process that has been tested and approved for the intended purpose by the state archivist. Notes:

*Reviser's note: The definition "recopd locdlion number" was changed to "recording numoer" oy 1999 c 233 § 10.

Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body proVides definitions for statutory terms, it is that definition to which the person must conform his conduct. " City of Seattle v. Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).

"Where an act uses the word in a special sense which it defines, definition by average man or by ordinary dictionary is not substitute for the definitions contained in the act. " National Homeopathic Hospital Ass'n of District of Columbia etal. v. Britton, Deputy Com'f., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location number", it has not been "incorporated into the official public record". It is invalid by operation of law. When there is no principle there can be no agent and your invalid oath does not come within the Washington Court Rules Of EvideJice 902(d) ot 1005. It is therefore tender iIiadini.~sibletd slippbft yom claim to the dffice.

RCW 42.20. 030 -Intrusion into and refusal to surrender public office. Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself into a public office to which he has not been duly elected or appointed, or who shall willfully

J}OTICE OF ~ACANCY OF .eFFICE ~age 2 of 5

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exercise any of the functions or peiform any of the duties, without having duly qualified as required by law, ..., shall be gUilty ofa gross misdemeanor.

The word "willfully" is defmed in RCW 9A.08.010 as "knowingly".

Ignorance offacts excuses, ignorance oflaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of the United States.

"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor his agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from these fees.

"Provision reqUiring payment offees in advance is mandatory. " State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"When papers are received by officer for filing, filing will not become effective until necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"Statutes relating to compensation ofpublic officer must be strictly construed in favor of government, and such officers are entitled only to what is clearly given by law. " Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620,675 P.2d 732.

"Day on which oath of office is signed and filed by judge ofsuperior court is day on which he assumes offlce (or purposes o( pension benefits, and day of Governor's announcement ofproposed appointment is immaterial." Jordan v. O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the ftling and/or recording of the oath of office, the oath of office has not actually been filed and has never been incorporated into the official public record as required by law. Assuming a public office and not processing ALL of the qualifications of that office renders the person occupying the office a usurper.

One fmal issue is the filing of false certified salary warrants.

"An officer defacto can not maintain a suit for fees." 24 Am. Rep. 715; People v. Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing and paying claims. Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part in auditing, allowing or paying, claims or demands upon the state or such county, town or City, who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment of any claim or demand against the state or such county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa gross misdemeanor.

JiOTICE OF 'lJACANCY OF eFFICE llage 3 of 5

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"Use oj-word "false" in connection with word "fraudulent" does not indicate legislative purpose to include only such acts as are corruptly false, or are done with willful design to cheat and defraud public funds." State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.

"Specific intent to violate law is impliedfrom fact ofviolation even though person had no wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915) Supra.

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as [rue ", must be considered wilh tlfis slalUle, (fl proseeurion for perjury in making statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81 P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW 9A.04.080 regarding public officers.

RCW 9A. 72. 030 - Perjury in the second degree. (1) A person is guilty ofperjury in the second degree if, in an examination under oath under the

terms ofa contract of insurance, or with intent to mislead a public servant in the performance ofhis or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath req-uiredor authorized by law.

(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement be made in an oath or affidavit" required by law, or made in "the course of a judicial proceeding," the offense is perjury; if the false voluntary oath or affidavit is "not 'required l5y law or made ,n "the course of a judiCial proceeding. "then it 'is false swearing. " State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree. (1) A person is guilty ofextortion in the second degree ifhe commits extortion by means of threat as

defined in RCW9A. 04.110(27)(d) through 0). (2) ...

(3) Extortion in the second degree is a class C felony.

RCW 9A. 04.11 0 - Definitions. (27) "Threat" means to communicate directly or indirectly the intent: (h) To take wrongful action as an official against anyone or anything, or wrongfUlly withhold

official action, or cause such action or withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served notice that you were in non-compliance with state law. You have chosen to remain silent and have continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak. Having chosen to remain silent is tantamount to fraud.

j}(JflEE Of '4JACANCY OfeFFICE ~age 4 of'S

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The people require the highest of ethical standard from their elected officers so that public confidence in their ability to abide by the law and effectively serve the people is assured. You have violated these standards of ethics and the people's trust. You have unjustly taken compensation from the people's treasury you did not qualify to receive.

You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and 2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), and/or 3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people, by whom andfor whom all government exists and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Name

1) 20.\\j"<'] W~ lSe3C 2) fl-Ltnlf ~!/t¢tttJ 3) &rU . .:Lhn S0J4

" ... at the mouth of two witnesses, or at the mout of three witnesses, established. " Deuteronomy 19: 15; see also Deuteronomy 17:6 " ... receive not an accusation unless where there are two or three witnesses. " I Timothy 5:19

Declaration of Service

Washington state 0 . County of Stevens KQC.ta..L9'lJ~ S~CL,.I

I, Ji2iJ1 ;tLm -'&-n."~o2>( KI i~.., do hereby declare that I ~ave at q:5;2, @yr.M., this the dZ'!:t day of )"Y\o.M , 2 14, in the city of ~Ie., at the address of 02/,5' S Of) k \ , duly served a copy of the foregoing Notice of Vacancy of Office

by delivering a copy of the above to the within named ~ \ n 11. AI"'-\Ie i -h .I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

.60TICE OF :PACANCY OF l!)FFICE .age 5 of 5

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jJiOTICE OF l'ACANCY OF C!&FFICE in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia Notice to Respondeat Superior is Notice to Respondeat Inferior. Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.

TO: Kendle E. Allen 215 S. Oak St. Colville, Washington 99114

The people of Stevens County hereby serve you, Kendle E. Allen, Notice that the Office of Stevens County Sheriff is vacant per RCW 42.12.010.

On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law because your oath of office was not taken timely, not made a part of the official public records of Stevens County and it therefore does not exist. See: RCW 29A.24.020; RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes it clear you were to submit yow oath of office and pay the requisite filing fee. By failing to file your oath and make it a permanent part of the official public records of Stevens County as the law requires, you have neglected to qualifY for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of the community; and ifan officer is so careless of the requirements ofthe law under which he is elected that he neglects to qualifY, it is a fair indication that he will be neglectful in the transaction ofthe duties ofhis office. " Lysons v. Ruff, 4 Wash. 234,29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct. 1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confirm that your "oath" is invalid according to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington shall be fLIed.

RCW 36.16.060 Place offiling oaths and bonds.

Every county officer. before entering upon the duties ofhis or her office, shall file his or her oath ofoffice in the office of the county auditor and his or her official bond in the office of the county clerk:

.J}OTICE OF ':PACANCY OF eFFICE ~age 1 of 5

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PROVIDED, That the official bond of the county clerk. after first being recorded by the county auditor, shall be filed in the office ofthe county treasurer.

Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015. RCW 6J..04.01J D~finittons.

The definitions set forth in this section apply throughout thiS chapter unless the context clearly requires otherwise. (1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with

the responsibility for recording instruments in the county records. (2) "File," ''filed,'' or ''filing'' means the act ofdelivering or transmitting electronically an instrument to the auditor or recording officer for recording into the official public records. (3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Recording number" means a unique number that identifies the storage location (book or volume and page, reel and frame, instrument number. auditor or recording officer file number, receiVing number. electronic retrieval code. or other specific place) of each instrument in the public records accessible in the same recording office where the instrument containing the reference to the location is found.

In order to incorporate a docwnent into the official public record., RCW 65.04.040 requires that a prescribed procedure shall be complied with:

RCW 65.04.040 Methodfor recording instruments - Marginal notations - Arrangement ofrecords. Any state, county, or municipal officer charged with the duty ofrecording instruments in public records shall record them by *record location number in the order filed. irrespective o(the type ofinstrument. using a process that has been tested and approved fOr the intended purpose by the state archivist. Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999 c 233 § 10.

Fees for recording instrwnents are found at: RCW 36.18.010.

"When legislative body provides definitiOns for statutory terms, it is that definition to which the person must conform his conduct." City of Seattle v. Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).

"Where an act uses the word in a special sense which it defines, definition by average man or by ordinary dictionary is not substitute for the definitions contained in the act. " N~tiQn~l HQmeQP-~thiQ HQspitm Ass'n Qf District of Columbia. et.a!.. v. Britton, Deputy Com'r., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location number", it has not been "incorporated into the official public record". It is invalid by operation of law. When there is no principle there can be no agent and your invalid oath does not come within the Washington Court Rules ofEvidence 902(d) or 1005. It is therefore render inadmissible to SUPP011 your claim to the office.

RCW 42.20.030 - Intrusion into and refUsal to surrender publiC office. Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself into a public office to which he has not been duly elected or appointed, or who shall willfully

.ftOTICE OF l'ACANCY OF eFFICE .t)age 2 of 5

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exercise any of the junctions or perform any of the duties, without having duly qualified as required by law, ... , shall be guilty ofa gross misdemeanor.

The word "willfully" is defmed in RCW 9A.08.010 as "knowingly".

Ignorance offacts excuses. ignorance oflelW does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of the United States.

"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor his agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from these fees.

"Provision requiring payment ofjees in advance is mandatory." State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"When papers are received by officer for filing, filing will not become effective until necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"Statutes relating to compemation ofpublie officer must be strictly comtrued in favor of government. and such officers are entitled only to what is clearly given by law. " Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620,675 P.2d 732.

"Day on which oath of office is signed and filed by judge of superior court is day on which he' assumes office for purposes of pension benefits; and day of Governor!s announcement of proposed appOintment is immaterial." Jordan v. O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the fIling and/or recording of the oath of office, the oath of office has not actually been fIled and has never been incorporated into the official public record as required by law. Assuming a public office and not processing ALL of the qualifications of that office renders the person occupying the office a usurper.

One fmal issue is the filing of false certified salary warrants.

"An officer defacto can not maintain a suit for fees." 24 Am. Rep. 715; People v. Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing andpaying claims. Every public officer. or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or City, a part ofwhose duty it is to audit, allow or pay, or take part in audWng, allowing or pqying, c;laims or dem,cmds lJpOn tht: $tat~ or stKh c;Olmty, town or c;ity, who shall knowingly audit. allow or pay, or, directly or indirectly. coment to or in any way connive at the auditing. allowance or payment of any claim or demand agaimt the state or such county, town or city. which is false or fraudulent or contains any charge. item or claim which is false or fraudulent, shall be guilty ofa gross misdemeanor. .

j}OTICE OF l1ACANCY OF l!)FFICE llage 3 of 5

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"Use ofword "false" in connection with word "fraudulent" does not indicate legislative purpose to include only such acts as are corruptly false, or are done with willfUL design to cheat and defraudpublic funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.

"Specific intent to violate law is impliedfrom fact ofviolation even though person had no wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915) ~hmr~.

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of that which one does not know to be true is eqUivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as true-", must be- considered with this statute, in prosecution for perjury in making statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81 P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW 9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree. (1) A person is guilty ofperjury in the second degree if, in an examination under oath under the

terms ofa contract of insurance, or with intent to mislead a public servant in the performance ofhis or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath r~quir<I.d or authoriz~dby law.

(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement be made in an oath or affidavit" reqUired by law, or made in "the course ofa judicial proceeding," the offense is perjury; if the false voluntary oath or affidavit is "not required by law or made in the course of a judicial proceeding," then it is false swearing. " State v. Howard., 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree. (1) A person is guilty ofextortion in the second degree ifhe commits extortion by means a/threat as

defined in RCW 9A.04.110(27)(d) through OJ. (2) ...

(3) Extortion in the second degree is a class C felony.

RCW 9A. 04.11 0 - Definitions. (27) "Threat" means to communicate directly or indirectly the intent: (h) To take wrongful' action as an offiCial' against anyone or anything, or wrongfully withhold

offiCial action, or cause such action or withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served notice that you were in non-compliance with state law. You have chosen to remain silent and have continued to intrude into and usurp an office for which you have failed to duly qualify. That silence is your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak. Having chosen to remain silent is tantamount to fraud.

,flOi1CcOf' l1ACANCV Or c8FFICE' ~ge4of5

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The people require the highest of ethical standard from their elected officers so that public confidence in their ability to abide by the law and effectively serve the people is assured. You have violated these standards of ethics and the people's trust. You have unjustly taken compensation from the people's treasury you did not qualifY to receive.

You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and 2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), andlor 3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people, by whom andfor whom all government exists and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Name

1) M,cA,q;( I), LOJ f4S ....---/

2) \\ \IV\.. L~ ..Il.­

3) /)//c.;tfrCL- D It.LI,(§A-,] ~" ... at the mouth ofovo witnesses, or at the mout oft ee witnesses, shall teat

established. "Deuteronomy 19: 15; see also Deuteronomy 17:6 " ... receive not an accusation unless where there are nvo or three witnesses. " I Timothy 5:19

Declaration of Service

Washington state County of Stevens

I, W'\\;I1ktn-l>e-o.ia \'nib ~c *1J'~"dO hereby declare that I ~ave at fj:q2 ~.IP.M., this the .27"lCday of ra~ , 2 14, in the city of bllill-e.. =at the address of :;, (.5: ~. On f< ' duly served a copy of the foregoing Notice of Vacancy of Office

by delivering a copy of the above to the within named ~oJ}<Z.. f.l-lie.£'= . I declare under penalty of perjury under the laws of the United States of America that the fOregOin~e and correct.

BytIJL;;-~ '~'¢ohr·'/4 ' One ofthe~eign p pie)

.eOTICE OF l)ACANCY OF eFFICE .age 5 of 5

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RECEIVED

J}OTICE OF 'l}ACANCY OF eFFICE STEVENS COUNTY in Common Law Court of Record Over Two Witnesses 11BJM;I01:l.:~~tr.hffil?!61t

Lex Naturalis Dei Gratia AlN008 SN "31S d Notice to Respondeat Superior is Notice to Respondeat Inferior. Notice to Respondeat Inferior is Notice to Respondeat Superior. . l c.; XtJ.J

FROM: The Sovereign People on Stevens county, on Washington state. 031\1383 TO: Timothy Rasmussen

215 S. Oak St. Colville, Washington 99114

The people of Stevens County hereby serve you, Timothy Rasmussen, Notice that the Office of Stevens County Prosecutor is vacant per RCW 42.12.010.

On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law because your oath of office was not made a part of the official public records of Stevens County it therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes it clear you were to submit your oath of office apd pay the r~uisit~ filing fee. By failing to ijle your oath and make it a permanent part of the official public records of Stevens County as the law requires, you have neglected to qualify for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of the community; and !fan officer is so careless of the requirements ofthe law under which he is elected that he neglects to qualifY, it is a fair indication that he will be neglectful in the transaction ofthe duties ofhis office. "Lysons v. Ruf( 4 Wash. 234, 29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11,1980 NO.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct. 1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that corrfinn that your "oath" is invalid according to law.

((Use of word ushall" in statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington shall be fLIed.

RCW 36.16.060 Place offiling oaths and bonds.

Every county officer, before entering upon the duties ofhis or her office, shall file his or her oath ofoffice in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

.fiOTICE OF VACANCY OF ~FFICE .J}age 1 of 5

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PROVIDED, That the official bond ofthe county clerk, after first being recorded by the county auditor, shall be filed in the office ofthe county treasurer.

Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015. RCW 65.04.015 DefinitiOns. The definitions set forth in this section apply throughout this chapter unless the context clearly

requires otherwise. (1) "Recording officer" means the county auditor, or in charter counties the county official charged with

the responsibility for recording instruments in the county records. (2) "File," ''filed,'' or ':filing" means the act ofdelivering or transmitting electronically an instrument to the auditor or recording officer for recording into the offlcial public records. (3) "Record." "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetiC. or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Recording number" means a unique number that identifies the storage location (book or volume and page, reel and frame, instrument number, auditor or recording officer file number, receiving number. electronic retrieval code, or other specific place) of each instrument in the public records accessible in the same recording offlce where the instrument containing the reference to the location is found.

In order to incorporate a document into the official public record, RCW 65.04.040 requires that a prescribed procedure shall be complied with:

RCW 65.04.040 Methodfor recording instruments - Marginal notations - Arrangement ofrecords. Any state, county, or municipal officer charged with the duty ofrecording instruments in public records shall record them by *record location number in the order filed. irrespective ofthe type ofinstrument. using a process that has been tested and approved for the intended purpose by the state archivist. Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999 c 233 § 10.

Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body provides definitions for statutory term.'l. it is that definition to which the person must conform his conduct. " City of Seattle v. Kob, 26 Wash. App. 708, 614 P.2d 665 (1980).

"Where an act uses the word in a special sense which it defines, definition by average man or by ordinary dictionary is not substitute for the definitions contained in the act. " N~onal Homeopathic Hospital Ass'n of District of Columbia et.al. v, Britton, Deputy Com'r., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location number", it has not been "incorporated into the official public record". It is invalid by operation of law. When there is no principle there can be no agent and your invalid oath does not come within the Washington Court Rules ofEvidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.

RCW 42.20. 030 - Intrusion into and refusal to surrender public office. Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself into a public office to which he has not been duly elected or appointed, or who shall willfully

,flOTICE OF lJACANCY OF ceFFICE t)age 2 of 5

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exercise any of the jUnctions or peiform any of the duties, without having duly qualified as required by law, ... , shall be gUilty ofa gross misdemeanor.

The word "willfully" is defined in RCW 9A.08.01O as "knowingly".

Ignorance oIracts excuses. ignorance oflaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of the United States.

"Every citizen of the United States is supposed to know the law, . " Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor his agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from these fees.

"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"When papers are received by officer for filing, filing will not become effective until necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"Statutes relating to compensation ofpub/ic officer must be strictly construed in favor of government, and such officers are entitled only to what is clearly given by law. " Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.

"Day on which oath of office is signed and filed by judge of superior court is dav on which he assumes office (or purposes of pension benefits, and day of Governor's announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the filing and/or recording of the oath of office, the oath of office has not actually been filed and has never been incorporated into the official public record as required by law. Assuming a public office and not processing ALL of the qualifications of that office renders the person occupying the office a usurper.

One [mal issue is the filing of false certified salary warrants.

"An officer defacto can not maintain a suit for fees." 24 Am. Rep. 715; People v. Hobson, 1 Denio, 579.4.

RCW 42.20.060 Falsely auditing andpaying claims. Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part in auditing, allOWing or paying, claims or demands upon the state or such county, town or City, who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment of any claim or demand against the state or such county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent. shall be guilty ofa gross misdemeanor.

,fiOTICE OF ~ACANCY OF $FFICE ~age 30fS

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"Use ofword "false" in connection with word "fraudulent" does not indicate legislative purpose to include only such acts as are corruptly false, or are done with willful design to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.

"Specific intent to violate law is impliedfrom fact ofviolation even though person had no wrongful intent to do anything beyond doing ofprohibited act." State v. Case (1915) Supra,

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of that which one does not know to be true is equivalent to a statement ofthat which he knows to befalse.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as true ", must be considered with thiS statute, in prosecution for perjury in making statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81 P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW 9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree. (1) A person is guilty ofperjury in the second degree if in an examination under oath under the

terms ofa contract of insurance, or with intent to mislead a public servant in the performance ofhis or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath required or authorized by law.

(2) Perjury in the second degree is a class C felony.

"The distinction betlVeen perjury and false swearing is this, viz.: "if the false statement be made in an oath or affidavit" required by law, or made in "the course of a judicial proceeding." the offense is perjury; if the false voluntary oath or affidavit is "not required by law or made in the course of a judicial proceeding," then it is false swearing. " State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree. (1) A person is guilty ofextortion in the second degree ifhe commits extortion by means ofthreat as

defined in RCW 9A.04.110(27)(d) through (j).

(2) ... (3) Extortion in the second degree is a class C felony.

RCW 9A. 04.110 - Definitions. (27) "Threat" means to communicate directly or indirectly the intent: (h) To take wrongful action as an offiCial against anyone or anything, or wrongfUlly withhold

offiCial action, or cause such action or withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served notice that you were in non-compliance with state law. You have chosen to remain silent and have continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak. Having chosen to remain silent is tantamount to fraud.

,flOlICE OF ~ACANCY OF eFFICE t}age 4 of5

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The people require the highest of ethical standard from their elected officers so that public confidence in their ability to abide by the law and effectively serve the people is assured. You have violated these standards of ethics and the people's trust. You have unjustly taken compensation from the people's treasury you did not qualify to receive.

You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and 2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), and/or 3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people, by whom andfor whom all government exists and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Name

1) Cu.ARLEJ A~ l?4A/SJete

2) Lie-a P((o t.<.--T/ ~~\~ 3) ----r:-\,v-.. 4>€- ~-=--\:-_.------Y _

" .at the mouth of two Witnesses, or at tfe mouthofthree witnesses, shall the matter be established. " Deuteronomy 19: 15; see also Deuteronomy 17:6 " ... receive not an accusation unless where there are two or three witnesses. " I Timothy 5: 19

Declaration of Service

Washington state County of Stevens

I, tu,-lfitlAn ~ "Beo~<!ni'D.sc Klj~a;do hereby declare that I~have at ~/P.M., this the .;2J~day of YY\~ ,2 14, in the city of~, at the address of d) l~- .s. 0 GJ< ~ , duly served a copy of the foregoing Notice of Vacancy of Office by delivering a copy of the above to the within named 7iyY) ~ 'RasrolJ., ~, e(\... I declare under penalty ofpeIjury under the laws of the United States of America th the foregorng IS true and correct.

By: _A (lr, ' reign p~op1

1l0TICE OF 'lJACANCY OF c9FFICE l)age 5 of 5

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RECEIVED

MAY 27 2014 JlOTICE OF ~ACANCY OF eFFICE

in Common Law Court ofRecord Over Two Witnesses BY:(J0~ Lex Naturalis Dei Gratia

Notice to Respondeat Superior is Notice to Respondeat Inferior. Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.

TO: Tim Gray 215 S. Oak St. Colville, Washington 99114

The people of Stevens County hereby serve you, Tim Gray, Notice that the Office of Stevens County Auditor is vacant per RCW 42.12.010.

On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law because your oath of office was not made a part of the official public records of Stevens County it therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes it clear you were to submit your oath of office and pay the requisite filing fee. By failing to file your oath and make it a permanent part of the official public records of Stevens County as the law requires, you have neglected to qualify for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of the community; and ifan officer is so careless ofthe requirements ofthe law under which he is elected that he neglects to qualifY, it is a fair indication that he will be neglectfUl in the transaction ofthe duties ofhis office. "Lysons v. Ruff: 4 Wash. 234,29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, April 16, 1%3, No. 17 and; AGLO January 11,1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct. 1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confirm that your "oath" is invalid according to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington shall be filed.

RCW 36.16.060 Place offiling oaths and bonds.

Every county officer, before entering upon the duties ofhis or her office. shall file his or her oath ofoffice in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

.fiOTICE OF ~ACANCY OF $FFICE .t}age 1 of 5

Page 17: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

PROVIDED, That the official bond of the county clerk, afier first being recorded by the county auditor, shall be filed in the office ofthe county treasurer.

Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

The word "fJ.led" has been defIned by the State Legislature, as it relates to the state, in RCW 65.04.015. RCW 65. 04. 015 Definitions. The definitions set forth in this section apply throughout thiS chapter unless the context clearly

requires otherwise. (/) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with

the responSibility for recording instruments in the county records. (2) "File," "filed," or '.'filing" means the act ofdelivering or transmitting electronically an instrument to the auditor or recording officer for recording into the official public records. (3) "Record," "recorded.," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Recording number" means a unique number that identifies the storage location (book or volume and page, reel and trame, instrument number, auditor or recording officer file number, receiving number, electronic retrieval code, or other specific place) of each instrument in the public records accessible in the same recording office where the instrument containing the reference to the location is found.

In order to incorporate a document into the official public record, RCW 65.04.040 requires that a prescribed procedure shall be complied with:

RCW 65.04.040 Methodfor recording instruments - Marginal notations - Arrangement ofrecords. Any state, county. or municipal officer charged with the duty ofrecording instruments in public records shall record them by *record location number in the order filed, irrespective ofthe type oOnstrument, using a process that has been tested and approved fOr the intended purpose by the state archivist. Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999 c 233 § 10.

Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body prOVides definitiOns for statutory terms, it is that definition to which the person must conform his conduct. " City of Seattle v. Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).

"Where an act uses the word in a special sense which it defines, definition by average man or by ordinary dictionary is not substitute for the definitions contained in the act. " National Homeopathic Hospital Ass'n of District of Columbia et.al. v. Britton, Deputy Com'r., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location number", it has not been "incorporated into the official public record". It is invalid by operation of law. When there is no principle there can be no agent and your invalid oath does not come within the Washington Court Rules ofEvidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.

RCW 42.20.030 -Intrusion into and refusal to surrender public office. Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself into a public office to which he has not been duly elected or appointed, or who shall willfully

.eOTICE OF l1ACANCY OF c9FFICE ~age 20fS

Page 18: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

exercise any of the functions or perform any of the duties, without having duly qualified as required by law, "" shall be guilty ofa gross misdemeanor.

The word "willfully" is defined in RCW 9A.08.010 as "knowingly".

Ignorance ~rfacts excuses, ignorance oflaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of the United States.

"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor his agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from these fees.

"Provision requiring payment a/fees in advance is mandatory. " State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"When papers are received by officer for filing, filing will not become effective until necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190,107 P.2d 1113.

"Statutes relating to compensation ofpublic officer must be strictly construed in favor of government, and such officers are entitled only to what is clearly given by law. .. Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.

"Day on which oath of office is signed and filed by judge ~r superior court is day on which he assumes office (or purposes o( pension benefits, and day of Governor's announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79 Wash.2d 406,486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the filing and/or recording of the oath of office, the oath of office has not actually been filed and has never been incorporated into the official public record as required by law. Assuming a public office and not processing ALL of the qualifications of that office renders the person occupying the office a usurper.

One fmal issue is the filing of false certified salary warrants.

"An officer de/acto can not maintain a suit for fees." 24 Am. Rep. 715; People v. Hobson, 1 Denio, 579.4.

RCW 42.20.060 Falsely auditing andpaying claims. Every public officer, or person holding or discharging the duties ofany public office or place of trust under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part in auditing. allOWing or paying, claims or demands upon the state or such county. town or city. who shall knowingly audit. allow or pay. or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment ofany claim or demand against the state or such county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa gross misdemeanor.

J}.OTICE OF 'lJACANCY OF eFFICE t)age 3 of 5

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"Use ofword "false" in connection with word "fraudulent" does not indicate legislative purpose to include only such acts as are corruptly false, or are done with willfUl design to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.

"Specific intent to violate law is impliedfrom fact ofviolation even though person had no wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915) Supra.

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as true", must be considered with this statute, in prosecution for perjury in making statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81 P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW 9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree. (1) A person is guilty ofperjury in the second degree if, in an examination under oath under the

terms ofa contract of insurance, or with intent to mislead a public servant in the performance ofhis or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath required or authorized by law.

(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement be made in an oath or affidavit" required by law, or made in "the course ofa judicial proceeding," the offense is perjury; if the false voluntary oath or affidavit is "not required by law or made in the course of a judicial proceeding," then it is false swearing." State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree. (1) A person is guilty ofextortion in the second degree ifhe commits extortion by means o/threat as

defined in RCW 9A.04.110(27)(d) through (j). (2) ...

(3) Extortion in the second degree is a class C felony.

RCW 9A. 04.11 0 - DefinitiOns. (27) "Threat" means to communicate directly or indirectly the intent: (h) To take wrongful action as an official against anyone or anything, or wrongfully withhold

offiCial action. or cause such action or withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served notice that you were in non-compliance with state law. You have chosen to remain silent and have continued to intrude into and usurp an office for which you have failed to dilly qualify. That silence is your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak. Having chosen to remain silent is tantamount to fraud.

j}OTICE OF 'l1ACANCY OF c8FFICE ~age 40fS

Page 20: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

I~

witnesses established. "Deuteronomy 19: 15; see also Deuteronomy 17:6

The people require the highest of ethical standard from their elected officers so that public confidence in their ability to abide by the law and effectively serve the people is assured. You have violated these standards of ethics and the people's trust. You have unjustly taken compensation from the people's treasury you did not qualifY to receive.

You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and 2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), andlor 3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people. by whom andfor whom all government exists and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Name

1) ClAe"1 ( 141'111 ---rr:aJn er

2) J?i#6e.-r= f(~wlukVV1,. Co

3) Jim,/f ~f4'4-d " ... at th mouth of two witnesses, or at the 1Jfouth ofthr

" ... receive not an accusation unless where there are two or three witnesses. " 1 Timothy 5:19

Declaration of Service

Washington state County of Stevens R~~ ~ J. l\:ob\e.. I, wJ11'l1/rh ~ ~~I'J~';"()~he5r K1J'}l~0 hereby declare that I have at 9<..37 mlP.M., this the e2 Z~day of tD9'i ' 20 4, in the city of f!v {v{ /Ie. , at the address of ~ IS: $ . 0 a..k , duly served a copy of the foregoing Notice of Vacancy of Office

y delivering a copy of the above to the within named Vrr1 G,c~ . I declare under penalty ofperjury under the laws of the United States ofAmerica that th foregomg JS true and correct.

,fiOTICE OF 'lJACANCY OF $FFICE ,t)age 5 of 5

Page 21: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

.1}.OTICE OF 'l}ACANCY OF C!&FFICE in Common Law Court ofRecord Over Two Witnesses

L'€x Naturalis Dei Gratia Notice to Respondeat Superior is Notice to Respondeat Inferior. Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.

TO: Don Dashiell 215 S. Oak 8t. Colville, Washington 99114

The people of Stevens County hereby serve you, Don Dashiell, Notice that the Office of Stevens County Commissioner District 2 is vacant per RCW 42.12.010.

Ofi April 8, 2014, you were served Notice that you were in non-compliance with Washington state law because your oath of office was not made a part of the official public records of Stevens County it therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes it clear you were to submit your oath of office and pay the requisite filing fee. By failing to file your oath and make it a permanent part of the official public records of Stevens County as the law I

I· requires, you have neglected to qualifY for that office. lh

"Officers are elected not for the benefit of the individual, but for the benefit of the community; and ifan officer is so careless ofthe requirements ofthe law under which he is elected that he neglects to qualifY, it is a fair indication that he will be neglectfUl in the transaction ofthe duties ofhis office. " Lysons v. Ruff: 4 Wash. 234, 29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v: Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct. 1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confirm that your "oath" is invalid according to law.

"Use of word "shall" in statute imposes mandatory duty. " Waste Management of Seattle, Inc. v. Utilities and Trans. eom'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).

I

it Every official oath of office, whether for elective or appointive office in the State of Washington shall be filed.

RCW 36.16. 060 Place offiling oaths and bonds.

Every county officer, before entering upon the duties ofhis or her office, shall file his or her oath ofoffice in the office of the county auditor and his or her official' bond in the office of the county clerk:

~age 1 of 5

Page 22: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

PROVIDED, That the official bond of the county clerk, ajter first being recorded by the county auditor, shall be filed in the office ofthe county treasurer.

Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015. RCW 65.04.015 Definitions. The definitions set forth in this section apply throughout this chapter unless the context clearly

requires otherwise. (1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with

the responsibility jar recording instruments in the county records. (2) "File," ''filed, " or ':filing" means the act ofdelivering or transmitting electronically an instrument to the auditor or recording officer for recording into the official public records. (3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Recording number" means a unique number that identifies the storage location (book or volume and page, reel and frame, instrument number, auditor or recording officer file number, receiving number, electronic retrieval code, or other specific place) of each instrument in the public records accessible in the same recording office where the instrument containing the reference to the location is found.

In order to incorporate a docwnent into the official public record, RCW 65.04.040 requires that a prescribed procedure shall be complied with:

RCW 65. 04. 040 Methodfor recording instruments - Marginal notations - Arrangement ofrecords. Any state, county, or municipal officer charged with the duty ofrecording instruments in public records shall record them bv *record location number in the order filed, irrespective or the type or instrument, using a process that has been tested and approved for the intended purpose by the state archivist. Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999 c 233 § 10.

Fees for recording instrwnents are found at: RCW 36.18.010.

"When legislative body provides definitions for statutory terms, it is that definition to which the person must conform his conduct. " City of Seattle v. Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).

"Where an act uses the word in a special sense which it defines, definition by average man or by ordinary dictionary is not substitute for the definitions contained in the act. " National Homeopathic Hospital Ass'n of District of Colwnbia et.al. v. Britton, Deputy Com'r., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location number", it has not been "incorporated into the official public record". It is invalid by operation of law. When there is no principle there can be no agent and your invalid oath does not come within the Washington Court Rules ofEvidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.

RCW 42.20.030-1ntrusion into and refusal to surrender public office. Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself into a public office to which he has not been duly elected or appointed, or who shall willfully

J}OTICE OF 'VACANCY OF CSFFICE ~age lofS

Page 23: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

exercise any of the .fUnctions or perform any of the duties, without having duly qualified as required by law, ... , shall be guilty ofa gross misdemeanor.

The word "willfully" is defIned in RCW 9A.08.01O as "knowingly".

Ignorance offacts excuses, ignorance oflaw does not excuse. I Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of the United States.

"Every citizen of the United States is supposed to know the law, . " Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor his agents have authority to waive the mandatory fLling fees, and further, not even the State is exempt from these fees.

"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"When papers are received by officer for filing, filing will not become effective until necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190,107 P.2d 1113.

"Statutes relating to compensation ofpublic officer must be strictly construed in favor of government, and such officers are entitled only to what is clearly given by law. " Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.

"Day on which oath of office is signed and filed by judge of superior court is day on which he assumes office for purposes of pension benefits, and day of Governor's announcement ofproposed appOintment is immaterial." Jordan v. O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the fIling and/or recording of the oath of office, the oath of office has not actually been filed and has never been incorporated into the official public record as required by law. Assuming a public office and not processing ALL of the qualifications of that office renders the person occupying the office a usurper.

One final issue is the fIling of false certified salary warrants.

"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v. Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing andpaying claims. Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part in auditing, allOWing or paying, claims or demands upon the state or such county, town or city, who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment ofany claim or demand against the state or such county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa gross misdemeanor.

,fiOTICE OF l1ACANCY OF $FFICE l)age 3 of 5

Page 24: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

"Use ofword "false" in connection with word "jraudulent" does not indicate legislative purpose to include only such acts as are corruptly false, or are done with willfUl design to cheat and defraud public jitnds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.

"Specific intent to violate law is impliedfrom fact ofviolation even though person had no wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915) Supra.

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of that which one does not know to be true is eqUivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as true ", must be considered with this statute, in prosecution for perjury in making statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81 P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW 9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree. (1) A person is guilty ofperjury in the second degree if, in an examination under oath under the

terms ofa contract of insurance, or with intent to mislead a public sen'ant in the performance ofhis or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath reqUired or authorized by law.

(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement be made in an oath or affidavit" required by law, or made in "the course of a judicial proceeding," the offinse is perjury; if the false voluntary oath or affidavit is "not reqUired by law or made in the course of a judicial proceeding," then it is false swearing. " State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree. (1) A person is guilty ofextortion in the second degree ifhe commits extortion by means ofthreat as

defined in RCW 9A.04.110(27)(d) through 0). (2) ...

(3) Extortion in the second degree is a class C felony.

RCW 9A. 04.110 - Definitions. (27) "Threat" means to communicate directly or indirectly the intent: (h) To take wrongful action as an official against anyone or anything, or wrongfully withhold

official action, or cause such action or Withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served notice that you were in non-compliance with state law. You have chosen to remain silent and have continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak. Having chosen to remain silent is tantamount to fraud.

J}OTICE OF lJACANCY OF .FFICE ~age 4 of 5

Page 25: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

The people require the highest of ethical standard from their elected officers so that public confidence in their ability to abide by the law and effectively serve the people is assured. You have violated these standards of ethics and the people's trust. You have unjustly taken compensation from the people's treasury you did not qualify to receive.

You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and 2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), and/or 3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people. by whom andfor whom all government exists and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Name rI~

l)'XCtlvr& WLtlSd 2) CENe- Pr (J l'+ r 3) M,c,t,,,,;. 7 ':D L&.]7)J . ~~'r::>~

" ... at the mouth of two witnesses, or at the mouth of three witnesses, shall the matter be established." Deuteronomy 19:15; see also Deuteronomy 17:6 " ... receive not an accusation unless where there are two or three witnesses. " I Timothy 5:19

Declaration of Service

Washington state County of Stevens

I, (.l)~;<ho .~e,o:,p"m;l'" ,"c -1(1 j n1eo do hereby declare that I have at /0: IS @fP.M., this the a7 '- day of yY}QA.i ' 2014, in the city of Co"->: Ue... , at the address of a \5 S Q o.k( \ , duly served a copy of the foreg..oing Notice of Vacancy of Office

by delivering a copy of the above to the within named Do a 1:)QAn i r 1 . I declare under penalty of peIjury under the laws of the United States of America that the foregoing is true and correct.

ByL.,i4.:.--~ ~: ~ . v One of the soV(;iin peJple )

.f}OTICE OF 'lJACANCY OF eFFICE .age SofS

Page 26: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

~OTICE OF lJACANCY OF $FFICE in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia Notice to Respondeat Superior is Notice to' Respondeat Inferior. Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.

TO: Steven Lynn Parker 215 S. Oak St. Colville, Washington 99114

The people of Stevens County hereby serve you, Steven Lynn Parker, Notice that the Office of Stevens County Commissioner District 3 is vacant per RCW 42.12.010.

On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law because your oath of office was not made a part of the official public records of Stevens County it therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes. it clear you. were to submit your oath of office and pay the requisite filing fee. By failing to file your oath and make it a pennanent part of the official public records of Stevens Co~ty as the law requires, you have neglected to qualifY for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of the community; and ifan officer is so careless ofthe requirements ofthe law under which he f5r ei'ected that he neglects tu quaiify; it is a .fairindication- that hewf{f'lJe" rregte'Ctjuf' irr the· transaction ofthe duties ofhis office. " Lysons v. RufI: 4 Wash. 234, 29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, celt, denied 83 S. Ct. 1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confirm that your "oath" is invalid according to law.

"Use 0/ word "shall" in statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington shall be fLIed.

RCW 36.16.060 Place o/filing oaths and bonds.

Every county officer, before entering upon the duties ofhis or her office, shall Czle his or her oath ofoffice in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

.flOTICE OF l1ACANCY OF eFFICE !)age 1 of 5

-----------------------_ .._-------_._-- '-- --------- ­

Page 27: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

PROVIDED, That the official bond of the county clerk, ajier first being recorded by the county auditor, shall be filed in the office ofthe county treasurer.

Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

The word "fIled" has been defIned by the State Legislature, as it relates to the state, in RCW 65.04.015. RCW 65.04~015 Definition'S. The definition'S set forth in this section apply throughout this chapter unless the context clearly

requires othenvise. (1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with

the responsibility for recording instruments in the county records. (2) "File," "filed, " or ':filing" means the act ofdelivering or transmitting electronically an instrument to the auditor or recordingofficerfor recording into the official public records. (3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Recording number" means a unique number that identifies the storage location (book or volume and page, reel and frame, instrument number, auditor or recording officer file number, receiving number, electronic retrieval code, or other specific place) of each instrument in the public records accessible in the same recording office where the instrument containing the reference to the location is found.

In order to incorporate a document into the official public record, RCW 65.04.040 requires that a prescribed procedure shall be complied with:

RCW 65.04.040 Method for recording instruments - Marginal notations - Arrangement ofrecords. Any state, county. or municipal officer charged with the duty ofrecording instruments in public records shall record them by *record location number in the order filed, irrespective ofthe Ope o(instrument, using a process that has been tested and approved (or the intendedpurpose by the state archivist. Notes:

*Revisers note: The definition "record location number" was changed to "recording number" by 1999 c 233 § 10.

Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body provides definitions for statutory terms. it is that definition to which the person must conform his conduct. "City of Seattle v. Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).

"Where an act uses the word in a special sense which it defines, definition by average man or by ordinary dictionary is not substitute for the definitions contained in the act. " National Homeopathic Hospital Ass'n of District of Colwnbia eta!. v. Britton, Deputy Com'r., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location number", it has not been "incorporated into the official public record". It is invalid by operation of law. When there is no principle there can be no agent and your invalid oath does not come within the Washington Court Rules ofEvidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.

RCW 42.20.030 -Intrusion into and refusal to surrender public office. Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself into a public office to which he has not been duly elected or appointed, or who shall willfully

1l0TICE OF l1ACANCY OF cf)FFICE ~age 20fS

Page 28: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

exercise any of the functions or perform any of the duties, without haVing duly qualified as required by law, ... , shall be guilty ofa gross misdemeanor.

The word "willfully" is defined in RCW 9A.08.010 as "knowingly".

Ignorance offacts excuses, ignorance oflaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of the United States.

"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the COlUlty Auditor nor his agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from these fees.

"Provision reqUiring payment offees in advance is mandatory. " State v. Nelson (1940) 6 Wash.2d 190, 107P.2d 1113.

"When papers are received by officer for filing, filing will not become effective until necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"Statutes relating to compensation ofpublic officer must be strictly construed in favor of government, and such officers are entitled only to what is clearly given by law. " Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620,675 P.2d 732.

"Day on which oath of office is signed and filed by judge of superior court is dav on wirick ke- assumes office (or pUTTJOses of pension benefits; and day of Governor's announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the filing and/or recording of the oath of office, the oath of office has not actually been filed and has never been incorporated into the official public record as required by law. Assuming a public office and not processing ALL of the qualifications of that office renders the person occupying the office a usurper.

One final issue is the filing of false certified salary warrants.

"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v. Hobson, 1 Denio, 579.4.

RCW 42.20.060 Falsely auditing andpaying claims. Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part in auditing. allOWing or paying, claims or demands upon the state or such county. town or city, who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment ofany claim or demand against the state or such county, town or City, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa gross misdemeanor.

J}OTlCE OF ':VACANCY OF c8FFICE f)age 3 of 5

Page 29: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

"Use ofword ':false" in connection with word ':fraudulent" does not indicate legislative purpose to include only such acts as are corruptly false, or are done with willful design to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.

"Specific intent to violate law is implied from fact ofviolation even though person had no wrongful intent to do anything beyond doing o.fprohibited act." State v. Case (1915) Supra.

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as true ", must be comidered with this statute, in prosecution for perjury in mahng statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81 P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW 9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree. (1) A person is guilty ofperjury in the second degree if, in an examination under oath under the

terms ofa contract of insurance, or with intent to mislead a public servant in the performance ofhis or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath required or authorized by law.

(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement be made in an oath or affidavit" required by law, or made in "the course of a judicial proceeding." the offinse is perjury; if the false voluntary oath or affidavit is "not required by law or made in the course of a judicial proceeding," then it is fabre swearing. " State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree. (1) A person is guilty ofextortion in the second degree ifhe commits extortion by means ofthreat as

defined in RCW 9A. 04.110(27)(d) through (j).

(2) ,,'

(3) Extortion in the second degree is a class C felony.

RCW 9A. 04.110 - Definitions. (27) "Threat" means to communicate directly or indirectly the intent: (h) To take wrongful action as an offiCial against anyone or anything, or wrongfully withhold

official action, or cause such action or Withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served notice that you were in non-compliance with state law. You have chosen to remain silent and have continued to intrude into and usurp an office for which you have failed to duly qualify. That silence is your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak. Having chosen to remain silent is tantamount to fraud.

.f}OTICE OF ~ACANCY OF" eFF"ICF "age 40fS

Page 30: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

The people require the highest of ethical standard from their elected officers so that public confidence in their ability to abide by the law and effectively serve the people is assured. You have violated these standards of ethics and the people's trust. You have unjustly taken compensation from the people's treasury you did not qualify to receive.

You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and 2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), and/or 3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people. by whom andjar whom all government exists and acts." Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Narne

2) ~~'Q.O~:::::J..-::J-l-!~~~-

3) { " ... at the mouth of two wimesses, or at the mout of three witnesses, shall the matter be established." Deuteronomy 19:15; see also Deuteronomy 17:6 " ... receive not an accusation unless where there are two or three witnesses. " I Timothy 5:19

Declaration of Service

Washington state COlmty of Stevens

I, W\ \\\()/hl'-~r'~a. (ri\O ~r= ts{i~(;JO hereby declare that I have at ~.M., this the GJ7~ day of yY")lU\ ,2014, in the city of <2.0\\1,\\<. , at the address of c;2 IS S· all. K~ , duly served a copX ~f the foregoing Notice of Vacancy of Office

by delivering a copy of the above to the within named .i:l.:te Vg ?a..d<er . I declare under penalty of perjury Wlder the laws of the United States of America that the foregoing is true and correct.

J!OTICE OF l'ACANCY OF $FFICE !lage 5 of 5

Page 31: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

/~ / Cj~(Q~iif?;"~

/ MAy 2 7 ~Itp /L.. S/~V~1\! 20/4

S COUrvty

~OTICE OF l)ACANCY OF Q£)FFICE BOCC

in Common Law Court of Record Over Two Witnesses Lex Naturalis Dei Gratia

Notice to Respondeat Superior is Notic.e to Respondeat Inferior. Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.

TO: Wes McCart 215 S. Oak St. Colville, Washington 99114

The people of Stevens County hereby serve you, Wes McCart, Notice that the Office of Stevens County Commissioner District 1 is vacant per RCW 42.12.010.

On April 8, 2014, you were served Notice that you were in non-eompliance with Washington state law because your oath of office was not made a part of the official public records of Stevens CountY it therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes it cl~ you, were to .submit your oath of office and pay the requisite filing fee. By failing to file your oath and make it a permanent part of the official public records of Stevens County as the law requires, you have neglected to qualify for that office. .

"Officers are elected not for the benefit of the individual, but for the benefit of the community; and i/an officer is so careless ofthe requirements ofthe law under which he is elected that he neglects to qualify, it is a fair indication that he will be neglectfUl in the transaction ofthe duties ofhis office. " Lysons v. Ruff: 4 Wash. 234, 29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, April 16, 1%3, No. 17 and; AGLO January 11, 1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct. 1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confirm that your "oath" is invalid according to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington shall be filed. .

RCW 36.16.060 Place offiling oaths and bonds.

Every county officer. before entering upon the duties ofhis or her office, shall (de his or her oath ofoffice in the office of the county auditor and his or her official bond in the office of the county clerk:

.eOTICE OF l1ACANCY OF eFFICE l}age lofS

Page 32: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

PROVIDED, That the official bond of the county clerk, a.fier first being recorded by the county auditor, shall be filed in the office ofthe county treasurer.

Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

The word "fIled" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015. RCW65.04.015 Dejin.Wons. The definitions set forth in this section apply throughout this chapter unless the context clearly

requires otherwise. (1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with

the responsibility for recording instruments in the county records. (2) "File," ''filed,'' or "filing" means the act ofdelivering or transmitting electronically an instrument to the auditor Of'" recording officerfor recording into the official public records. (3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Recording number" means a unique number that identifies the storage location (book or volume and page, reel and frame, instrument number, auditor or recording officer file number, receiving number, electronic retrieval code, or other specific place) o(each instrument in the public records accessible in the same recording office where the instrument containing the reference to the location is found.

In order to incorporate a docwnent into the official public record, RCW 65.04.040 requires that a prescribed procedure shall be complied with:

RCW 65.04.040 Methodfor recording instruments - Marginal notations - Arrangement ofrecords. Any state, county, or municipal officer charged with the duty ofrecording instruments in public records shall record them by *record location number in the order filed, irrespective ofthe type oOnstrument, using a process that has been tested and approved (Or the intended purpose by the state archivist. Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999 c233§10.

Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body provides definitions for statutory terms, it is that definition to which the person must conform his conduct. "City of Seattle v. Kob, 26 Wash. App. 708, 614 P.2d 665 (1980).

"Where an act uses the word in a speCial sense which it defines, definition by average man or by ordinary dictionary is not substitute for the definitions contained in the act. " National Homeopathic. Hospital Ass'n of District of Columbia et.al. v. Britton, Deputy Com'r., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location nwnber", it has not been "incorporated into the official public record". It is invalid by operation of law. When there is no principle there can be no agent and your invalid oath does not come within the Washington Court Rules ofEvidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.

RCW 42.20. 030 - Intrusion into and refusal to surrender public office. Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself into a public office to which he has not been duly elected or appointed, or who shall willfully

,flOTICE OF l'ACANCY OF $FFICE l)age 2 of 5

Page 33: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

exercise any of the functions or perform any of the duties, without having duly qualified as required by law, ... , shall be guilty ofa gross misdemeanor.

The word "willfully" is defined in RCW 9A.08.010 as ''knowingly''.

Ignorance offacts excuses, ignorance oflaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of the United States.

"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor his agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from these fees.

"Provision reqUiring payment offees in advance is mandatory. " State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"When papers are received by officer for filing, filing will not become effective until necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"Statutes relating to compensation ofpublic officer must be strictly construed in favor of government, and such officers are entitled only to what is clearly given by law. " Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620,675 P.2d 732.

"Day on which oath of office is signed and filed by judge of superior court is dav on which Ire assumes offu:e for purposes of pension benefits; and day of Governor's announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the filing and/or recording of the oath of office, the oath of office has not actually been filed and has never been incorporated into the official public record as required by law. Assuming a public office and not processing ALL of the qualifications of that office renders the person occupying the office a usurper.

One final issue is the filing of false certified salary warrants.

"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v. Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing and paying claims. Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or City, a part ofwhose duty it is to audit, allow or pay, or take part in auditing, allOWing or paying, claims or demands upon the state or such county, town or city, who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment ofany claim or demand against the state or such county, town or City, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa gross misdemeanor.

,flOTICE OF '.lJACANCY OF eFFICE ~age 3 of 5

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"Use ofword ''false'' in connection with word "fraudulent" does not indicate legislative purpose to include only such acts as are corruptly false, or are done with willfUl design to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.

"Specific intent to violate law is impliedfrom fact ofviolation even though person had no wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915) Supra

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as true", must be considered with this statute. in prosecutian for perjury in making statement or affidaVit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81 P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW 9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree. (1) A person is guilty ofperjury in the second degree if, in an examination under oath under the

terms ofa contract of insurance, or with intent to mislead a public servant in the performance ofhis or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath re.quired or authorized by law.

(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is thiS. viz.: "if the false statement be made in an oath or affidavit" reqUired by law, or made in "the course of a judicial proceeding," the offense is perjury; ?f the false voluntary oath or affidavit is "not required by law or made ifT the course of a judicial proceeding;" then it is false swearing. " State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree. (1) A person is guilty ofextortion in the second degree ifhe commits extortion by means o/threat as

defined in RCW 9A.04.J JO(27)(d) through (j). (2) ...

(3) Extortion in the second degree is a class C felony.

RCW 9A.04.110 - Definitions. (27) "Threat" means to communicate directly or indirectly the intent: (h) To take wrongful action as an offiCial against anyone or anything, or wrongfully withhold

offiCial action, or cause such action or withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served notice that you were in non-compliance with state law. You have chosen to remain silent and have continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak. Having chosen to remain silent is tantamount to fraud.

.flo-neEOF lJACANCY OF eFFICE l)age 40fS

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The people require the highest of ethical standard from their elected officers so that public confidence in their ability to abide by the law and effectively serve the people is assured. You have violated these standards of ethics and the people's trust. You have unjustly taken compensation from the people's treasury you did not qualify to receive.

You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and 2. Reimburse the people's treasury for your unjust eruichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), and/or 3. Face indictment for numerous and varied crimes.

"Sovereignty itse?(remains with the people, by whom and/or whom all government exists and acts." Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Narne

~1~ 3) CrFl." ~ L.t...<- H0 eJ, ~ -AOl :U~

"... at the mouth o/two witnesses, or at the mouth o/three witnesses, shall the matter be established." Deuteronomy 19:15; see also Deuteronomy 17:6 " ... receive not an accusation unless where there are two or three witnesses. " I Timothy 5: 19

Declaration of Service

Washington state County of Stevens

1, W\\Lk'O-']e,..;~·,o Sr KIln-tV,; do hereby declare that I have at jO:lsl[j).IP.M., this the .;l7lbday of r1l~ , 2014, in the city of & \-vi He.. ' at the address of dkS S:>. Va k ' duly served a copy of the foregoing Notice of Vacancy of Office

by delivering a copy of the above to the within named fA,,) ~ m c.. (1J).c± . I declare under penalty of peIjury under the laws of the United States 0 America that the foregoing is true d correct.

By: ~~~p~~~~~,~~~~=

llage 5 of 5.eOTICE OF l1ACANCY OF eFFICE

Page 36: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

J}.OTICE OF lJACANCY OF $FF1CE in Common Law Cowt of Record Over Two Witnesses

Lex Naturalis Dei Gratia Notice to Respondeat Superior is Notice to Respondeat Inferior. Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.

TO: Patricia A. Chester 215 S. Oak St. Colville, Washington 99114

The people of Stevens County hereby serve you, Patricia A. Chester, Notice that the Office of Stevens County Clerk and Ex Officio Clerk of the Superior Cowt is vacant per RCW 42.12.010.

On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law because your oath of office was not made a part of the official public records of Stevens County it therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes it clear you were to submit your oath of office and pay the requisite filing fee. By failing to file your oath and make it a permanent part of the official public records of Stevens County as the law requires, you have neglected to qualify for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of the community; and ifan officer is so careless ofthe requirements ofthe law under which he ts elected that he neglects to qualify, it is a fair indication that he will' be neglectful tn the transaction o/the duties ofhis office. "Lysons v. Ruff, 4 Wash. 234, 29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, Apri116, 1963, No. 17 and; AGLO January 11, 1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct. 1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confum that your "oath" is invalid according to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsjderation denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington shall be fLIed.

RCW 36.16.060 Place offiling oaths and bonds.

Every county officer, before entering upon the duties ofhis or her office. shall file his or her oath ofoffice in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

.J}OTICE OF l1ACANCY OF 19FFICE ~age lofS

Page 37: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor, shall be filed in the office ofthe county treasurer.

Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

The word "filed" has been defIned by the State Legislature, as it relates to the state, in RCW 65.04.015. RCW 65.04.015 Definitions. The definitions set forth in this section apply throughout this chapter unless the context clearly

requires otherwise. (1) "Recording officer" means the county auditor, or in charter counties the county official charged with

the responsibility for recording instruments in the county records. (2) "File," ''filed, " or ''filing'' means the act ofdelivering or transmitting electronically an instrument to the auditoror recording officerfor recording into the official public ,ecotds. (3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Recording number" means a unique number that identifies the storage location (book or volume andpage, reel and (tame, instrument number. auditor or recording officer file number, receiving number, electronic retrieval code. or other specific place) of each instrument in the public records accessible in the same recording office where the instrument containing the reference to the location is found.

In order to incorporate a document into the official public record, RCW 65.04.040 requires that a prescribed procedure shall be complied with:

RCW 65.04.040 Methodfor recording instruments - Marginal notations - Arrangement ofrecords. Any state, county. or municipal officer charged with the duty ofrecording instruments in public records shall record them by *record location number in the order filed irrespective ofthe type oOnstrument, using a process that has been tested and approved (Or the intended purpose bv the state archivist. Notes:

*Reviser's flote: The definition "record location number" was changed to "recording number" by 1999 c233§10.

Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body prOVides definitions for statutory terms, it is that definition to which the person must conform his conduct. " City of Seattle v. Kob, 26 Wash. App. 708, 614 P.2d 665 (1980).

"Where an act uses the word in a special sense which it defines, definition by average man or by ordinary dictionary is not substitute for the definitions contained in the act. " National Homeopathic Hospital Ass'n of District of Columbia et.al. v. Britton, Deputy Com'r., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location number", it has not been "incorporated into the offIcial public record". It is invalid by operation of law. When there is no principle there can be no agent and your invalid oath does not come within the Washington Court Rules of Evidence- 902(d) Or 1005-. It is therefore render inadn1issible to support your claim to the office:

RCW 42.20. 030 -Intrusion into and refUsal to surrender public office. Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself into a public office to which he has not been duly elected or appointed, or who shall willfully

,flOTICE OF ':JJACANCY OF c9FFICE ~age 20fS

Page 38: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

exercise any of the functions or peiform any of the duties, without having duly qualified as required by law, ... , shall be guilty ofa gross misdemeanor.

The word "willfully" is defined in RCW 9A.08.01O as "knowingly".

Ignorance offacts excuses, ignorance oflaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of the United States.

"Every citizen of the United States is supposed to know the law, ... ." Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor his agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from these fees.

"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"When papers are received by officer for filing, filing will not become effective until necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190,107 P.2d 1113.

"Statutes relating to compensation ofpublic officer must be strictly construed in favor of government, and such officers are entitled only to what is clearly given by law. " Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.

"Day on which oath of office is signed and filed by judge ofsuperior court is daY on which he assumes office {or purposes' of pension benefits, and day of GovernoF's announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79 Wash.2d 406,486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the filing and/or recording of the oath of office, the oath of office has not actually been fIled and has never been incorporated into the official public record as required by law. Assuming a public office and not processing ALL of the qualifications of that office renders the person occupying the office a usurper.

One fmal issue is the filing of false certified salary warrants.

"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v. Hobson, 1 Denio, 579.4.

RCW 42.20.060 Falsely auditing andpaying claims. Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or City, a part ofwhose duty it is to audit, allow or pay, or take part in auditing, allOWing or paying, claims or demands upon the state or such county, town or city, who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment ofany claim or demand against the state or such county, town or City, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa gross misdemeanor.

JiOTICE OF l1ACANCY OF c!)FFICE ~age 3 of 5

Page 39: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

"Use ofword "false" in connection with word ''fraudulent'' does not indicate legislative purpose to include only such acts as are corruptly false, or are done with willfill design to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.

"Specific intent to violate law is impliedfrom fact ofviolation even though person had no wrongfUl intent to do anything beyond doing ofprohibited act. " State v. Case (1915) Supra.

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as true ", must be considered with thiS Statute, in prosecliliO!i for perjliry lfi making statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81 P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW 9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree. (1) A person is guilty ofperjury in the second degree ij in an examination under oath under the

terms ofa contract of insurance, or with intent to mislead a public servant in the performance ofhis or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath required or authorized by law.

(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement be made in an oath or affidavit" required by law, or made in "the course ofa judicial proceeding," the offinse is perjury; if the false voluntary oath or affidavit is "not required by law Or made in the course of a judicial proceeding," then it is false swearing. "State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree. (1) A person is guilty ofextortion in the second degree ifhe commits extortion by means ofthreat as

defined in RCW 9A. 04. 110(27)(d) through 0).

(2) ...

(3) Extortion in the second degree is a class C felony.

RCW 9A. 04.110 - Definitions. (27) "Threat" means to communicate directly or indirectly the intent: (h) To take wrongfUl action as an offiCial against anyone or anything, or wrongfulfy withhold

offiCial action, or cause such action or Withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served notice that you were in non-compliance with state law. You have chosen to remain silent and have continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak. Having chosen to remain silent is tantamount to fraud.

J}OTICE OF l1ACAN'cY OF eFFICE .t)age 4 of 5"

Page 40: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

----

The people require the highest of ethical standard from their ejected officers so that public confidence in their ability to abide by the law and effectively serve the people is assured. You have violated these standards of ethics and the people's trust. You have unjustly taken compensation from the people's treasury you did not qualify to receive.

You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and 2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), and/or 3. Face indictment for nwnerous and varied crimes.

"Sovereignty itse(lremains with the people, by whom andjor whom all government exists and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Narne

1) A-im&1c'1/111N 2) Qa r-\a -\:0.0..9 '. bach 3) ~~ LeAL- \ ~ ~' ------ ­

"... at the mouth o/two witnesses, or at the mouth o/three witnesses, shall the matter be established" Deuteronomy 19: 15; see also Deuteronomy 17:6 "... receive not an accusation unless where there are two or three witnesses. " I Timothy 5:19

Declaration of Service

Washington state . County of Stevens ~~~

I, ~:<hn-'BenJa hot;.., $.-1" t{}j'l"~o hereby declare that Ipave at 9:[email protected]., this the ;}.7,.- day of r'OCMj , 2014, in the city of &/vd[-e. , at the address of Q2 IS" ~ ()Qr< , duly served a copy of the foregoing Notice of Vacancy of Office by delivering a copy of the above to the within named R.tr~a.I'tL A t-Msfew- . I declare under penalty ofpeIjury under the laws of the United States of America that the for"ing is e and correct.

By: ~ '- ~ ~;.' ') overe/gn people

..flOTICE OF l1ACANCY OF cDFFICE ~age 5 of 5

Page 41: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

..eOTICE OF YACANCY OF C!9FFICE in Common Law Court of Record Over Two Witnesses . _ __

Lex Naturalis Dei Gratia r f:leCEIVED Notice to Respondeat Superior is Notice to Respondeat Inferior. 1 Notice to Respondeat Inferior is Notice to Respondeat Superior. MA 27 2014 1

FROM: The Sovereign People on Stevens county, on Washington state. .r~8&~anY ,....i TO: Susan A. Hamasch

215 S. Oak St. Colville, Washington 99114

The people of Stevens County hereby serve you, Susan A. Harnasch, Notice that the Office of Stevens County Treasurer is vacant per RCW 42.12.010.

On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law because your oath of office was not made a part of the official public records of Stevens County it therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes it dear you were to submit your oath of office and pay the requisite filing fee. By failing to file your oath and make it a pennanent part of the official public records of Stevens County as the law requires, you have neglected to qualify for that office.

"Officers are elected not for the benefit of the indiVidual. but for the benefit of the community; and ifan officer is so careless ofthe requirements ofthe law under which he is e-Iected that he neglects to qualifY, it is a fair indication that he- will be negle-ctful in the transaction ofthe duties ofhis office. ,. Lysons v. Ruff: 4 Wash. 234,29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v. Gonnley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 NO.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct. 1698,374 U.S. 808, 101. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confmn that your "oath" is invalid according to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington shall be filed.

RCW 36.16.060 Place offilingoaths and bonds.

Every county officer, before entering upon the duties ofhis or her office. shall file his or her oath ofoffice in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

.eOTICE OF lJACANCY OF eFFICE !lage 1 of 5

Page 42: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor, shall be filed in the office ofthe county treasurer.

Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015. RCW 6~.04.015 Definitions. The definitions set forth in this section apply throughout this chapter unless the context clearly

requires otherwise. (1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with

the responsibility for recording instruments in the county records. (2) "File," 'jtled, " or ''filing'' means the act ofdelivering or transmitting electronically an instrument to lhe- audHor or recording officerfor recording into the official public records. (3) "Record," "recorded, " or "recording" means the process, such as electroniC, mechanical, optical, magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Recording number" means a unique number that identifies the storage location (book or volume and page, reel and frame, instrument number, auditor or recording officer file number, receiving number, electronic retrieval code, or other specific place) of each instrument in the public records accessible in the same recording office where the instrument containing the reference to the location is found.

In order to incorporate a document into the official public record, RCW 65.04.040 requires that a prescribed procedure shall be complied with:

RCW 65.04.040 Methodfor recording instruments -Marginal notations -Arrangement ofrecords. Any state, county, or municipal officer charged with the duty orrecording instruments in public records shall record them by *record location number in the order filed, irrespective or the type oOnstrument, using a process that has been tested and approved fOr the intended purpose by the state archivist. Notes:

*Reviser's note: The definition "record location number" was changed 10 "recordingnumber" by 1999­c 233 § 10.

Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body prOVides definitions for statutory terms, it is that definition to which the person must conform his conduct." City of Seattle v. Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).

"Where an act uses the word in a special sense which it defines, definition by average man or by ordinary dictionary is not substitute for the definitions contained in the act. " NatiQnal HomeQpathi~ HQspital Ass'n of District Qf Columbia et.al. v. BrittQn, Dt(puty Com'r., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location number", it has not been "incorporated into the official public record". It is invalid by operation of law. When there is no principle there can be no agent and your invalid oath does not come within the Washington Court Rules ofEvidence 902(d) Of IOOS. It is therefore render inadmissible to supp0l1 your claim to the office.

RCW 42.20. 030 - Intrusion into and refUsal to surrender public office. Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself into a public office to which he has not been duly elected or appointed, or who shall willfully

1}OTICE OF '-YACANCY OF eFFICE ~age 20fS

Page 43: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

exercise any of the functions or perform any of the duties, without having duly qualified as required by law, ..., shall be guilty ofa gross misdemeanor.

The word "willfully" is defmed in RCW 9A.08.010 as "knowingly".

Ignorance offacts excuses. ignorance oflaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of the United States.

"Every citizen of the United States is supposed to know the lmil, ... ." Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor his agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from these fees.

"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"When papers are received by officer for filing. filing will not become effective until necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"Statutes relating to compensation ofpublic officer must be strictly construed in favor of government. and such officers are entitled only to what is clearly given by law. " Murphy v. State Dept. ofLicensing (1981) 28 Wash. App. 620, 675 P.2d 732.

"Day on which oath of office is signed and filed by judge of superior court is day on whick he assumes office for purposes of pension benefits, and day of Governor's announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the filing and/or recording of the oath of office, the oath of office has not actually been filed and has never been incorporated into the official public record as required by law. Assuming a public office and not processing ALL of the qualifications of that office renders the person occupying the office a usurper.

One fmal issue is the filing of false certified salary warrants.

"An officer defacto can not maintain a suit for fees." 24 Am. Rep. 715; People v. Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing andpaying claims. Every publiC officer. or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part ofwhose duty it is to audit, allow orpay. or take part ~n, auditing allOWing or paying, claims or @m.an!is ",pan lhe slale or s1,lch c01,lnty, town. Or c.~ty. who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment ofany claim or demand against the state or such county, town or City, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa gross misdemeanor.

1l0TICE OF 'lJACANCY OF ~FFICE llage 3 of 5

Page 44: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

"Use ofword "false" in connection with word ''fraudulent'' does not indicate legislative purpose to include only such acts as are corruptly false, or are done with willful design to cheat and defraud public fUnds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.

"Specific intent to violate law is impliedfrom fact ofviolation even though person had no wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915) Supra,

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as frue", must be considered with this statute. in prosecution for perjury in making statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81 P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW 9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree. (1) A person is guilty ofperjury in the second degree if in an examination under oath under the

terms ofa contract of insurance, or with intent to mislead a public servant in the performance ofhis or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath require.d or authorize.d by law.

(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this. viz.: "if the false statement be made in an oath or affidavit" required by law. or made in "the course of a judicial proceeding," the offense is perjury; ~f the false voluntary oath or affidavit is "not required by law or made in the course of a judicial proceeding;" then it is false swearing. " State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree. (I) A person is guilty ofextortion in the second degree ifhe commits extortion by means o/threat as

defined in RCW 9A.04.110(27)(d) through (j).

(2) ...

(3) Extortion in the second degree is a class C felony.

RCW 9A.04.110 - Definitions. (27) "Threat" means to communicate directly or indirectly the intent: (h) To take wrongfUl action as an offiCial against anyone or anything, or wrongfUlly withhold

offiCial action, or cause such action or withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served notice that you were in non-compliance with state law. You have chosen to remain silent and have continued to intrude into and usurp an office for which you have failed to duly qualifY. That silence is your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak. Having chosen to remain silent is tantamount to fraud.

J}OT1CI:Or'l1AcANCY or eFPlCE ~age 4 of5'

Page 45: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

The people require the highest of ethical standard from their elected officers so that public confidence in their ability to abide by the law and effectively serve the people is assured. You have violated these standards of ethics and the people's trust. You have unjustly taken compensation from the people's treasury you did not qualify to receive.

You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and 2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), and/or 3. Face indictment for numerous and varied crimes.

"Sovereignty itse(lremains with the people, by whom andjor whom all government exists and acts. " Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Name

1) c..eN~\o..~~Q.. ~ ~~'J

2) ~bert (1. r1eubN'~ 3)-r\~~~'1),I-A {\f ~lU'~~~~~~~=-'

" ... at the ~th of two witnesses, or at the mouth of th wit sses, shall the matter be established. "Deuteronomy 19: 15; see also Deuteronomy 17:6 " ... receive not an accusation unless where there are two or three witnesses. " I Timothy 5: 19

Declaration of Service

Washington state County of Stevens

I, 11);~lkrn_:B?,"".~'jdn'ln SQ KI,''1er, do hereby declare that I ,have at IQ '. ~.IP.M., this the ,2.7 day of r<la..u , 014, in the city of &\ v\\\f.. , at the address of ~1.5 S. Ot1r-f.( ~ , duly served a coP.x of the. ~oregoing Notice of Vacancy of Office by delivering a copy of the above to the within named ~t.I. £ Hac {Hl'SC h .I declare under penalty of peIjury under the laws of the United States of America that the foregoing is true and correct.

By tv.~: .-~_. <::r. 'i4­One of the ~ign p)opleJ

,ftOTICE OF 'lJACANCY OF c9FFICE ~age 5 of 5

Page 46: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

fo)JI@ IIWliI J}.OTICE OF lJACANCY OF eFFICE Jm 1\ A 2 7 2014

in Common Law Court of Record Over Two Witnesses Lex Naturalis Dei Gratia ir:.33 -e. r::.-I!-r

Notice to Respondeat Superior is Notice to Respondeat Inferior. Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.

TO: Allen K Taylor 215 S. Oak St. Colville, Washington 99114

The people of Stevens County hereby serve you, Allen R. Taylor, Notice that the Office of Stevens County Assessor is vacant per RCW 42.12.010.

On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law because your oath of office was not made a part of the official public records of Stevens County it therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes it clear you were to submit your oath of office and pay the requisite filing fee. By failing to file your oath and make it a permanent part of the official public records of Stevens County as the law requires, you have neglected to qualify for that office.

"Officers are elected not for the benefit of the individual, but for the benefit of the community; and ifan officer is so careless of the requirements ofthe law under which he is elected that he neglects to qualify, it is a fair indication that he will be neglectful in the transaction ofthe duties ofhis office. "Lysons v. Ruff, 4 Wash. 234, 29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11, 1980 NO.2.

Right to hold public office is subject to qualifications imposed by legislature." State ex reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct. 1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confum that your "oath" is invalid according to law.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington shall be filed.

RCW 36.16.060 Place offiling oaths and bonds.

Every county officer, before entering upon the duties ofhis or her office, shall file his or her oath ofoffice in the office of the county auditor and his or her offiCial bond in the office of the county clerk:

.J}OTICE OF ~ACANCY OF $FFICE !lage 1 of 5

Page 47: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor, shall be filed in the office ofthe county treasurer.

Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

The word "filed" has been defined by the State Legislature, as it relates to the state, in RCW 65.04.015. RCW 65.04.015 Definitions. The definitions set forth in this section apply throughout this chapter unless the context clearly

requires otherwise. (I) "Recording officer" means the county auditor, or in charter counties the county official charged with

the responsibility for recording instruments in the county records. (2) "File," "filed," or ':filing" means the act ofdelivering or transmitting electronically an instrument to the auditor or recording officerfor recording into the offICial public records. (3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetic, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Recording number" means a unique number that identifIeS the storage location (book or volume andpage, reel and trame, instrument number. auditor or recording officer file number, receiving number, electronic retrieval code. or other specific place) of each instrument in the public records accessible in the same recording office where the instrument containing the reference to the location is found.

In order to incorporate a document into the official public record, RCW 65.04.040 requires that a prescribed procedure shall be complied with:

RCW 65.04.040 Methodfor recording instruments - Marginal notations - Arrangement ofrecords. Any state, county, or municipal officer charged with the duty or recording instruments in public records shall record them by *record location number in the order filed. irrespective or the type or instrument, using a process that has been tested and approved for the intended purpose by the state archivist. Notes:

*Reviser's note: The definition "record location number" was changed to "recording number" by 1999 c 233 § 10.

Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body prOVides definitions for statutory terms, it is that definition to which the person must conform his conduct. "City ofSeattIe v. Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).

"Where an act uses the word in a speCial sense which it defines, definition by average man or by ordinary dictionary is not substitute for the definitiOns contained in the act. " National Homeopathic Hospital Ass'n of District of Columbia et.aI. v. Britton, Deputy Com'r., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location number", it has not been "incorporated into the official public record". It is invalid by operation of law. When there is no principle there can be no agent and your invalid oath does not come within the Washington Court Rilles of Evidence 902(d) or 1005. It is therefore render inadmissible to support your claim to the office.

RCW 42.20.030 -Intrusion into and refusal to surrender public office. Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself into a public office to which he has not been duly elected or appointed, or who shall willfully

J!OTICE OF 'lJACANCY OF c9FFICE ~age 20fS

Page 48: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

exercise any of the functions or perform any of the duties, without having duly qualified as required by law, ... , shall be gUilty ofa gross misdemeanor.

The word "willfully" is defined in RCW 9A.08.010 as "knowingly".

Ignorance offacts excuses, ignorance o.flaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of the United States.

"Every citizen of the United States is supposed to know the law, ... ." Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor his agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from these fees.

"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6 Wash.2d 190,107 P.2d 1113.

"When papers are received by officer for filing, filing will not become effective until necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"Statutes relating to compensation ofpublie officer must be strictly construed in favor of government, and such officers are entitled only to what is clearly given by law. " Murphy v. State Dept. ofLicensing (1981) 28 Wash. App. 620, 675 P.2d 732.

"Day on which oath o.f office is signed and filed by judge of superior court is dav on which he assumes office for purposes of pension benefits, and day of Governor's announcement of proposed appOintment is immaterial." Jordan v. O'Brien (1971) 79 Wash.2d 406,486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the filing and/or recording of the oath of office, the oath of office has not actually been filed and has never been incorporated into the official public record as required by law. Assuming a public office and not processing ALL of the qualifications of that office renders the person occupying the office a usurper.

One final issue is the filing of false certified salary warrants.

"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v. Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing andpaying claims. Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part ofwhose duty it is to audit, allml' orpay, or take part in auditing, allowing or paying, claims or demands upon the state or such county, town or City, who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment of any claim or demand against the state or such county, town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent, shall be guilty ofa gross misdemeanor.

1l0TICE OF lJACANCY OF CSFFICE ,Jage 3 of 5

Page 49: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

"Use ofword "false" in connection with word ''fraudulent'' does not indicate legislative purpose to include only such acts as are corruptly false, or are done with willful design to cheat and defraud public funds. " State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.

"Specific intent to violate law is impliedfromfact ofviolation even though person had no wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915) Supra.

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of that which one does not know to be true is equivalent to a statement ofthat which he knows to befalse.

"Statute defining perjury in any testimony, affidavit or "other writing subscribed as true ", must be considered with this statute, in prosecution for perjury in making statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81 P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW 9A.04.080 regarding public officers.

RCW 9A. 72.030 - Perjury in the second degree. (1) A person is guilty ofperjury in the second degree if, in an examination under oath under the

terms ofa contract of insurance, or with intent to mislead a public servant in the performance ofhis or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath required or authorized by law.

(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement be made in an oath or affidavit" required by law, or made in "the course of a judicial proceeding," the offense is perjury; if the false voluntary oath or affidavit is "not reqUired by law or made in the course of a judicial proceeding," then it is false swearing. " State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree. (l) A person is guilty ofextortion in the second degree ifhe commits extortion by means ofthreat as

defined in RCW9A.04. 1l0(27)(d) through 0). (2) ...

(3) Extortion in the second degree is a class C felony.

RCW 9A. 04.11 0 - Definitions. (27) "Threat" means to communicate directly or indirectly the intent: (h) To take wrongfUl action as an official against anyone or anything, or wrongfUlly withhold

offiCial action, or cause such action or Withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served notice that you were in non-compliance with state law. You have chosen to remain silent and have continued to intrude into and usurp an office for which you have failed to duly qualify. That silence is your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak. Having chosen to remain silent is tantamount to fraud.

.flOTICE OF 'lJACANCY OF ~FFICE llage 40fS

Page 50: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

The people require the highest of ethical standard from their elected officers so that public confidence in their ability to abide by the law and effectively serve the people is assured. You have violated these standards of ethics and the people's trust. You have unjustly taken compensation from the people's treasUly you did not qualify to receive.

You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and 2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), and/or 3. Face indictment for numerous and varied crimes.

"Sovereignty itselj'remains with the people. by whom andjar whom all govemment exists and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Narne

1) ?~u'- s .~~

2) LJ \L\. \ c....\M ~ S~ y\-~

3) gIll Q,{-z.\7lV\.~~ ..'~... at th;;utMj two witnes ,or at the mouth oj three wltn s es, shall the matter e established. "Deuteronomy 19: 15; see also Deuteronomy 17:6 "... receive not an accusation unless where there are two or three witnesses. " I Timothy 5:19

Declaration of Service

Washington state ComIty of Stevens

L 1..(11.f.'0 <rl' - ~n' ewn; f"l Sr. </; t'46' do hereby declare that ~ have at 10 :oi i'M'xP.M., this the .J.1~y of rY~~ , 2014, in the city of &LhHe.,'atfue address of ~US cS. ()(i l( , duly served a copy of the foregoing Notice of Vacancy of Office

by delivering a copy of tile above to the within named AL\ e;o 'R. TO;M /-or. . . I declare under penalty of perjury under the laws of the United States of Amenca that the foregomg IS true and correct.

By: ~~~£!::!j'.-:....i:.~~~~~C;:---!r.~.T'L::-,'12p="':

,eOTICE OF ':YACANCY OF c9FFICE "age 5 of 5

Page 51: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

JlOTlCE OF lJACANCY OF <9FFICE in Common Law Court of Record Over Two Witnesses

Lex Naturalis Dei Gratia Notice to Respondeat Superior is Notice to Respondeat Inferior. Notice to Respondeat Inferior is Notice to Respondeat Superior.

FROM: The Sovereign People on Stevens county, on Washington state.

TO: Patti Hancock 215 S. Oak St. Colville, Washington 99114

The people of Stevens County hereby serve you, Patti Hancock, Notice that the Office of Stevens County Coroner is vacant per RCW 42.12.0 10.

On April 8, 2014, you were served Notice that you were in non-compliance with Washington state law because your oath of office was not made a part of the official public records of Stevens County it therefore does not exist. See: RCW 65.04.015(2); RCW 36.16.060; RCW 65.04.030(3). RCW 65.04.130 makes it clear you were to submit your oath. of office and pay the requisite filing fee_ By failing to file your oath and make it a permanent part of the official public records of Stevens County as the law requires, you have neglected to qualifY for that office.

"Officers are elected not for the benefit of the individual. but for the benefit of the community; and ifan officer is so careless of the requirements ofthe law under which he is elected that he neglects to qualify. it is a fair indication that he will be neglectfUl in the transaction ofthe duties ofhis office. " Lysons v. Ruff: 4 Wash. 234, 29 P. 999 (1892).

Although the above quote was Justice Dunbar's dissenting opinion, it is, however, important because that case was overturned in Vandeveer v. Gormley, 153 Wash. 543, 102 P. 435 (1909). Also see; Attorney General Opinion AGO 63-64, April 16, 1963, No. 17 and; AGLO January 11,1980 No.2.

Right to hold public office is subject to qualifications imposed by legislature. " State ex reI. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S. Ct. 1698,374 U.S. 808, 10 L. Ed.2d 1032.

Now, as to your "oath", there are a few cases and RCW's that confinn that your "oath" is invalid according to law.

"Use of word "shaU" in statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).

Every official oath of office, whether for elective or appointive office in the State of Washington shall be flied.

RCW 36.16. 060 Place offiling oaths and bonds.

Every county officer. before entering upon the duties ofhis or her office. shaU file his or her oath ofoffice in the office of the county auditor and his or her official bond in the office of the county clerk:

.eOTICE OF tJACANCY OF ~FFICE J)age 1 of 5

Page 52: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

PROVIDED, That the official bond of the county clerk, after first being recorded by the county auditor, shall be filed in the office ofthe county treasurer.

Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their principals are required to be filed.

The word "filed" has been defmed by the State Legislature, as it relates to the state, in RCW 65.04.015. RCW 65.-04.-015 Definitions. The definitions set forth in this section apply throughout this chapter unless the context clearly

reqUires otherwise. (1) "Recording officer" means the county auditor, or in charter counties the county offiCial charged with

the responsibility for recording instruments in the county records. (2) "FOe," "filed, " or ''filing'' means the act ofdelivering or transmitting electronically an instrument to the audiLororrecordingofficerjor recordingittto the official public records. (3) "Record," "recorded," or "recording" means the process, such as electronic, mechanical, optical, magnetiC, or microfilm storage used by the auditor or recording officer after filing to incorporate the instrument into the public records. (4) "Recording number" means a unique number that identifies the storage location (book or volume and page, reel and frame, instrument number, auditor or recording officer file number, receiving number, electronic retrieval code, or other specific place) of each instrument in the public records accessible in the same recording office where the instrument containing the reference to the location is found.

In order to incorporate a document into the official public record, RCW 65.04.040 requires that a prescribed procedure shall be complied with:

RCW 65.04.040 Methodfor recording instruments - Marginal notations - Arrangement ofrecords. Any state, county, or municipal officer charged with the duty ofrecording instruments in public records shall record them by *record location number in the order filed, irrespective oOhe type o(instrument, using a process that has been tested and approved fOr the intended purpose by the state archiVist. Notes:

*Reviser's note; The definition "record location number" was changed (0 "recording number" by 1999 c 233 § 10.

Fees for recording instruments are found at: RCW 36.18.010.

"When legislative body provides definitiOns for statutory terms, it is that definition to which the person must conform his conduct. " City of Seattle v. Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).

"Where an act uses the word in a special sense which it defines, definition by average man or by ordinary dictionary is not substitute for the definitions contained in the act. " National Homeopathic Hospital Ass,'n of District of Columbia etal. v. Britton, Deputy Com'r., 147 F2d 561.

Now, since your "oath of office" does not contain a "record location number", it has not been "incorporated into the official public record". It is invalid by operation of law. When there is no principle there can be no agent and your invalid oath does not come within the Washington Court Rules ofEvidence' 902(d) or 1005-. It is therefore render inadmissible to support your claim to' the office:

RCW 42.20.030 - Intrusion into and refusal to surrender public office. Every person who shall falsely personate or represent any public officer, or who shall willfully intrude himself into a public office to which he has not been duly elected or appointed, or who shall willfully

j!OTICE OF lJACANCY OF c9FFICE tlage 2 of 5

Page 53: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

exercise any of the functions or perform any of the duties, without having duly qualified as required by law, ..., shall be guilty ofa gross misdemeanor.

The word "willfully" is defined in RCW 9A.08.010 as "knowingly".

Ignorance offacts excuses, ignorance o.flaw does not excuse. 1 Coke, 177.

It is required to be a registered voter to run for and hold office. One must also declare to be a citizen of the United States.

"Every citizen of the United States is supposed to know the law, .... " Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869).

Again, as shown by the following Washington case law, neither the County Auditor nor his agents have authority to waive the mandatory filing fees, and further, not even the State is exempt from these fees.

"Provision requiring payment offees in advance is mandatory. " State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"When papers are received by officer for filing, filing will not become effective until necessary fees have been paid." State v. Conners (1942) 12 Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190,107 P.2d 1113.

"Statutes relating to compensation ofpublic officer must be strictly construed in favor of government, and such officers are entitled only to what is clearly given by law. " Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620, 675 P.2d 732.

"Day on which oath of office is signed and filed by judge of superior court is day on which he tlrsumes office [or purposes of pension' benefits. and day of GOIJernor's announcement of proposed appointment is immaterial." Jordan v. O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.

If no fee was charged, collected and paid into the treasury for the filing and/or recording of the oath of office, the oath of office has not actually been filed and has never been incorporated into the official public record as required by law. Assuming a public office and not processing ALL of the qualifications of that office renders the person occupying the office a usurper.

One fmal issue is the filing of false certified salary warrants.

"An officer de facto can not maintain a suit for fees." 24 Am. Rep. 715; People v. Hobson, 1 Denio, 579.4.

RCW 42.20. 060 Falsely auditing andpaying claims. Every public officer, or person holding or discharging the duties of any public office or place of trust under the state or in any county, town or city, a part ofwhose duty it is to audit, allow or pay, or take part in auditing, allOWing or paying, claims or demands upon the state or such county. town or city, who shall knowingly audit, allow or pay, or, directly or indirectly, consent to or in any way connive at the auditing, allowance or payment ofany claim or demand against the state or such county. town or city, which is false or fraudulent or contains any charge, item or claim which is false or fraudulent. shall be guilty ofa gross misdemeanor.

J}OTICE OF lJACANCY OF ceFFICE l)age 3 of 5

Page 54: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

"Use ofword "false" in connection with word "fraudulent" does not indicate legislative purpose to include only such acts as are corruptly false, or are done with willful design to cheat and defraud public fUnds." State v. Case (1915) 88 Wash. 664, 153 P.2d 1070.

"Specific intent to violate law is impliedfrom fact ofviolation even though person had no wrongful intent to do anything beyond doing ofprohibited act. " State v. Case (1915) Supra.

RCW 9A. 72.080 - Statement ofwhat one does not know to be true. Every unqualified statement of that which one does not know to be true is equivalent to a statement ofthat which he knows to be false.

"Statute defining per:jury in any testimony, affidavit or "other writing subscribed as tnle ", must be considered with this statute; in prosecution f{)r perjury in making statement or affidavit before notary public. " State v. Ledford (1938) 195 Wn. 581, 81 P.2d 830.

Violation of two of the following RCW's will invoke the ten year statute of limitation under RCW 9A.04.080 regarding public officers.

RCW 9A. 72. 030 - Perjury in the second degree. (1) A person is guilty ofperjury in the second degree if in an examination under oath under the

terms ofa contract of insurance, or wi th intent to mislead a public servant in the performance ofhis or her duty, he or she makes a materially false statement, which he or she knows to be false under an oath required or authorized by law.

(2) Perjury in the second degree is a class C felony.

"The distinction between perjury and false swearing is this, viz.: "if the false statement be made in an oath or affidavit" required by law, or made in "the course ofa judicial proceeding," the offense is perjury; if the false voluntary oath or affidavit is "not required by law or made in rhff course of a judicial proceeding," then if is false swearing. " State v. Howard, 91 Wash. 481.

RCW 9A.56.130 Extortion in the second degree. (l) A person is guilty ofextortion in the second degree ifhe commits extortion by means ofthreat as

defined in RCW9A. 04. 110(27)(d) through 0).

(2) ."

(3) Extortion in the second degree is a class C felony.

RCW 9A. 04.1 J0 - Definitions. (27) "Threat" means to communicate directly or indirectly the intent: (h) To take wrongfiil action as an official against anyone or anything, or wrongfully withhold

official action, or cause such action or withholding;

The law is clear, your office is vacant. More than 30 days have transpired since you were served notice that you were in non-compliance with state law. You have chosen to remain silent and have continued to intrude into and usurp an office for which you have failed to duly qualify. That silence is your tacit admission that you have no defense for your actions. You have a legal and moral duty to speak. Having chosen to remain silent is tantamount to fraud.

t)age 40fS

Page 55: Notice of Vacancy of Office Stevens County Eleven 5-27-14 Optimized

The people require the highest of ethical standard from their elected officers so that public confidence in their ability to abide by the law and effectively serve the people is assured. You have violated these standards of ethics and the people's trust. You have unjustly taken compensation from the people's treasury you did not qualify to receive.

You are hereby directed by the sovereign people on Stevens County to:

1. Remove yourself from the County office you have usurped, and 2. Reimburse the people's treasury for your unjust enrichment acquired since your intrusion into

that office (plus interest accrued at 12% compounded annually), and/or 3. Face indictment for numerous and varied crimes.

"Sovereignty itselfremains with the people, by whom andfor whom all government exists and acts. "Yick Wo v. Hopkins, 118 U.S. 356 (1886).

The sovereign people have so spoken.

Dated: May 24,2014

Printed Name

1) 4A~~ A. 'i?AK.tS'(£/2

2) e~ b4!.-1-:r:HtIl- &4<41 a,I,;"'/C

3),{3-~~o44 01v/.s05JffIfJ, ~~~~~~~~~~ "... at the mouth of two witnesses, or at the mout of three witnesses, shall t e matter be established" Deuteronomy 19:15; see also Deuteronomy 17:6 " ... receive not an accusation unless where there are two or three witnesses. " I Timothy 5: 19

Declaration of Service

Washington state County of Stevens

1, LU; \\: Gct-o - &/l~G.m; '" ~t'". k1.'1\'/16.0 hereby declare that I pave at 1(7 ! D~.M., this the ~ ~day of rDcu ' 2014, in the city of (frv, /fe. ~:ar'the address of OlJ5' ~. C?Q~ 1 , duly served a co~ing Notice of Vacancy of Office by delivering a copy of the above to the within narned , CL2f?-.t<. . I declare under penalty ofpetjury under the laws of the United States of America that the foregoing is true and correct.

. ­By:~

\

~ (' ~.~~ ~i4One ofthe~eign peoplJ

!lage 5 of 5.ftOl"ICE OF ~ACANCY OF eFFICE