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Originally Posted by sheisaceo
WOW! This is dynamite! Lovely!
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Thank you Sheisaceo;
I did some research debating a NY Assistant District Attorney who asserts he is okay with only a verbal oath taken before his office colleagues. He is inside the Five Boroughs - the Patroonship of the Dutch East Indies Trading Company.
I call it METRO sprawl but the constitution is overridden by a new electorate - a municipal voting - when the city grows out to the county lines. This is the case of the five counties in the City of New York urban area - The Five Boroughs.
Then I studied the model for METRO 1313 as it was called by Jo Hindman who wrote The Metrocrats and other books in the '60s and '70s, as it applied in Colorado. Sure enough, counties can become limited Home Rule when they are covered by a City of Denver. They become
City and County of Denver and some new stipulations about government apply. Not about oaths, and certainly not outside the scope of that City and County's Home Rule.
For example, being prosecuted for state tax evasion, the prosecution demands the cause be heard in Denver. But if the fellow accused does not live in Denver all he has to do is demand it be remanded to his rural county, with smaller cities that do not sprawl to establish a municipal electorate. Then he gets all his rights to constitutional oaths of office back.
Or better yet, a county court judge came against a fellow in a replevin action. The fellow named the county court judge in a Libel of Review. The county court judge has an oath of office - albeit 13 years old, published at the county clerk and recorder. However he ran to the attorney general John Suthers for representation:
http://Friends-n-Family-Research.inf...9;_AG_oath.jpg
The state constitution says Suthers had to file his oath with the Secretary of State within 30 days and this oath proves his office is vacant - default judgment against the county judge was published. He ran to a vacant office to answer the LoR so his
answer was no answer at all.
The suitor still owns his property and it is very unlikely there will ever be any enforcement action to take it away.
What I am really writing to say in a nutshell is that a small newspaper publisher started Project Oath in NY a few years back and by not understanding where in NY officials had to have oaths and where they didn't she was quashed with a gag order from the Bar. The Assistant District Attorney I was debating oaths with was working for and paid by the City of New York - not the state or county. However that does not change the fact that in common law
anywhere if an official does not have his oath of office published where I can get my hands on a certified copy from a competent clerk, he does not have an oath of office. This clown ADA suggested that I summon in the 75 witnesses to his verbal oath! What an Attorney Joke!
Regards,
David Merrill.