I've done some investigation into the
SDCL and their
State Constitution, and now I'm not really sure what the heck I'm doing anymore. Here are some statutes I dug up regarding the ticket and the situation:
§41-1-1(10) "Fishing," the taking, capturing, killing, or fishing for fish of any variety in any manner. If the word, fish, is used as a verb, it has the same meaning as the word, fishing.
§ 41-1-2. Game birds, animals and fish as property of state. No person shall at any time or in any manner acquire any property in, or subject to his dominion or control, any game bird, game animal, or game fish, or any part thereof, but they shall always and under all circumstances be and remain the property of the state, except as provided by §41-1-3.
§41-1-3. Private property in game acquired by lawful taking. By killing, catching, or taking any game bird, game animal, or game fish in the manner provided by law or regulations prescribed by the Game, Fish and Parks Commission and for the purposes authorized by law, and during the periods when their killing is not prohibited, the same may be used by any person during the time, in the manner and for the purposes expressly authorized by law.
§41-6-77 Nonresident license required to catch, kill or possess fish, frogs, or turtles--Violation as misdemeanor. Except as otherwise provided, it is a Class 2 misdemeanor for a nonresident to catch or attempt to catch, take, kill, or have in his possession any fish, frogs, or turtles without a nonresident fishing license, a temporary fishing license, or a nonresident family fishing license or in violation of the conditions of the license or the rules of the Game, Fish and Parks Commission.
(§41-6-77 is the code I allegedly broke.)
§41-1-8 Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor. No person may intentionally interfere with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. No person may engage in any activity specifically intended to harass or otherwise prevent the lawful taking of any game or fish. No person may engage in any activity to scare or disturb any game with specific intent to prevent their lawful taking. This section may not be construed to prohibit a landowner from revoking a prior grant of permission to hunt on his land. A violation of any provision of this section is a Class 2 misdemeanor.
(§41-1-8 is one of the statutes the DNR guy is guilty of - in my mind.)
Now for some of the SoDak Constitution:
Article VI - Bill of Rights
§ 1. Inherent rights. All men are born equally free and independent, and have certain inherent rights, among which are those of enjoying and defending life and liberty, of acquiring and protecting property and the pursuit of happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.
(I have the right to capture fish if I'm hungry.)
§ 2. Due process--Right to work. No person shall be deprived of life, liberty or property without due process of law. The right of persons to work shall not be denied or abridged on account of membership or nonmembership in any labor union, or labor organization.
(I have the right to do the work required to capture my fish.)
§ 3. Freedom of religion--Support of religion prohibited. The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political right, privilege or position on account of his religious opinions; but the liberty of conscience hereby secured shall not be so construed as to excuse licentiousness, the invasion of the rights of others, or justify practices inconsistent with the peace or safety of the state.
(By the dictates of conscience do I worship God and follow his commandments -
Genesis 1:27-30
So God created man in his own image, in the image of God created he him; male and female created he them. And God blessed them, and God said unto them, Be fruitful, and multiply, and replenish the earth, and subdue it: and have dominion over the fish of the sea, and over the fowl of the air, and over every living thing that moveth upon the earth. And God said, Behold, I have given you every herb bearing seed, which is upon the face of all the earth, and every tree, in the which is the fruit of a tree yielding seed; to you it shall be for meat. And to every beast of the earth, and to every fowl of the air, and to every thing that creepeth upon the earth, wherein there is life, I have given every green herb for meat: and it was so.
Luke 11:11 If a son shall ask bread of any of you that is a father, will he give him a stone? or if he ask a fish, will he for a fish give him a serpent?)
§ 18. Equal privileges or immunities. No law shall be passed granting to any citizen, class of citizens or corporation, privileges or immunities which upon the same terms shall not equally belong to all citizens or corporations.
(If the CORP. STATE OF SD can require fishing licenses, I should have the right to require the CORP. STATE OF SD to have a fishing license?)
§ 20. Courts open--Remedy for injury. All courts shall be open, and every man for an injury done him in his property, person or reputation, shall have remedy by due course of law, and right and justice, administered without denial or delay.
(I was injured by being deprived of my right to work to find food.)
Some things in the SoDak ConstitutionI don't understand:
Article V - Judicial Department
§ 6.
Qualifications of judicial personnel. Justices of the Supreme Court, judges of the circuit courts and persons presiding over courts of limited jurisdiction must be
citizens of the United States, residents of the state of South Dakota and voting residents within the district, circuit or jurisdiction from which they are elected or appointed. No Supreme Court justice shall be deemed to have lost his voting residence in a district by reason of his removal to the seat of government in the discharge of his official duties. Justices of the Supreme Court and
judges of circuit courts must be licensed to practice law in the state of South Dakota.
Article XIII - Public Indebtedness
§ 2. Maximum state debt--Irrepealable tax to repay. For the purpose of defraying extraordinary expenses and making public improvements, or to meet casual deficits or failure in revenue, the state may contract debts never to exceed with previous debts in the aggregate one hundred thousand dollars, and no greater indebtedness shall be incurred except for the purpose of repelling invasion, suppressing insurrection, or defending the state or the United States in war and provision shall be made by law for the payment of the interest annually, and the principal when due, by tax levied for the purpose or from other sources of revenue; which law providing for the payment of such interest and principal by such tax or otherwise shall be irrepealable until such debt is paid: provided, however, the state of South Dakota shall have the power to refund the territorial debt assumed by the state of South Dakota, by bonds of the state of South Dakota.
§ 5. Irrepealable tax to repay debt of municipality or political subdivision. Any city, county, town, school district or any other subdivision incurring indebtedness shall, at or before the time of so doing, provide for the collection of an annual tax sufficient to pay the interest and also the principal thereof when due, and all laws or ordinances providing for the payment of the interest or principal of any debt shall be irrepealable until such debt be paid.
Was not "fishing". C) 9th Amenment protections. D) Agent's/Judge's oath of office. E) Prosecutor's foreign agent registration statement. F) Law which requires a Man to need a fishing license. G) Lack of Jurisdiction. H) "State" letting FRN's be payment for debts.
