Site hosted by Angelfire.com: Build your free website today!

United States of America, State of Utah, Salt Lake County, Salt Lake City

Ex Rel

Lawrence Rey Topham, Candidate for President of the United States of America,

Congressman-Elect to United States House of Representatives 2003-2005 Term,

President of the Independent American Party of the United States of America,

Governor of the Independent American Party of the State of Utah,

Vice Chairman, Independent American Party of Salt Lake County,

Mayor of Salt Lake City and Candidate for Reelection as Mayor,

Salt Lake County Clerk and Ex Officio Clerk Third District Court in and for Salt Lake County, State of Utah; Secretary of State, Acting Governor, Commander-in- Chief Utah State Militia, Chief Judge Courts Martial of the State of Utah; and

Justice of the Peace, Salt Lake County, State of Utah

Plaintiff/Petitioner

Attorney Pro Se

406 8th Avenue

Salt Lake City, Utah 84103

 

IN THE THIRD JUDICIAL DISTRICT COURT IN AND FOR

SALT LAKE COUNTY, STATE OF UTAH

DURING A STATE OF EMERGENCY UNDER MARTIAL LAW DECLARED NOVEMBER 14, 1997 A.D., BY GOVERNOR SHELDON P. GORTAT

 

United States of America, State of Utah | C O M P L A I N T

Salt Lake County, Salt Lake City AND

Ex Rel PETITION FOR RELIEF BY

Lawrence Rey Topham, Candidate for President EXTRAORDINARY WRITS

of the United States of America, Congressman- OF

Elect to United States House of Representatives QUO WARRANTO

2003-2005 Term, President of the Independent PROHIBITION

American Party of the United States of America HABEAS CORPUS

Governor of the Independent American Party of MANDAMUS

the State of Utah, Vice Chairman, Independent ETC.

American Party of Salt Lake County, Mayor of AND

Salt Lake City and Candidate for Reelection as DECLARATORY JUDGMENT

Mayor, Salt Lake County Clerk and Ex Officio

Clerk Third District Court in and for Salt Lake

County, State of Utah; Secretary of State, Acting

Governor, Commander-in- Chief Utah State Case No. 981900346MS

Militia, Chief Judge Courts Martial, State of Utah;

and Justice of the Peace in Salt Lake County.

Judge: Dennis M. Fuchs

Plaintiff/Petitioner,

 

Vs.

 

George W. Bush, Richard Cheney, Orrin G. Hatch, |___________________________

Robert Bennett, James V. Hansen, James Matheson, Christopher Cannon, Michael O. Leavitt, Olene S. Walker, Norman H. Bangerter, W. Val Oveson, Scott M. Matheson, David S. Monson, Calvin L. Rampton, Clyde L. Miller or their Estates or Heirs.

Mark Ensign Gardner, Auston G. Johnson, Edward T. Alter, Mark A. Shurtleff, R. Paul Van Dam, 535 Unofficial Members of Congress in U. S. Senate and U.S. House of Representatives: 100 Unofficial United States Senators: 435 Unofficial United States Representatives 29 Unofficial Utah Senators: 1975 to 2003 A.D.

104 Unofficial Utah Representatives, Republicans and Democrats: 1975 to 2003 A.D.

Unofficial Utah Supreme Court Justices: 1975 to 2003 A.D

Unofficial President of the Corporation of the President of the Church of Jesus Christ of Latter-day Saints: Gordon B. Hinckley,

Unofficial Presiding Bishop of the Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-day Saints: H. David Burton,

Unofficial Salt Lake City Mayor: Ross C. Anderson, a Democrat,

Unofficial Salt Lake City Treasurer, Attorney and all other employees,:

Unofficial City Recorder: Kendrick D. Cowley, Sonya Skyles and employees,

Unofficial County Clerk: Sherrie Swensen, a Democrat, and employees ,

Unofficial County Sheriff: Aaron D. Kennard, a Republican, and employees,

Unofficial Deputies: Paul Cunningham, Kepler, and all other unofficial deputies

Unofficial District Attorneys: E Neal Gunnarson, a Republican, David E. Yocom, a Democrat, Kent N. Cravens, The Board of Governors of the Federal Reserve System,

Unofficial Utah State Bar, including all unofficial members and employees thereof,.

Legal Defenders Office: Unofficial Legal Defenders, Stephen W. Howard, Catherine L. Lilly, Hether Brereton, Rudy Bautista, and all others, all national and state banks,

Unofficial Judges: Robert K. Hilder, Frank G. Noel, Anthony B. Quinn, Dennis M. Fuchs, Judith S. Atherton, Roger A. Livingston, and all others in all District Courts

Unofficial Utah Supreme Court Judges Ronald E. Nehring, Matthew B. Durrant, Christine M. Durham, Michael J Watkins, Jill n. Parrish, and employees,

Unofficial Utah Court of Appeals Judges, Russell W. Bench, Judith M. Billings, Pamela t. Greenwood, Gregory K. Orme, James Z. Davis, Norman H. Jackson, William A. Thorne, Jr., and all Unofficial federal judges and Justices,

Unofficial Prosecutors: Barbara J. Byrne, Jeanne T. Campbell, Lana Taylor, Laura Kurwin, Roger Blaylock, David S. Walsh and all others, in all 29 Counties,

Unofficial Directors Utah Division of Archives: Jeffery Ogden Johnson, Pamela Smith-Mansfield, and the twelve Federal Reserve Banks and Branches and members,

Unofficial Democrats and Republicans,. the members of their political parties, and all who support them in their unofficial misconduct in Utah and the United States,

All of the people of the State of Utah and the United States, who use false money,

The First Presidency and members of the quorum of twelve, who use false money,

The members of the Church of Jesus Christ of Latter-day Saints who use false money,

The members of all other churches who use false money,

Russell Schmit, Alan Greenspan, and all Federal Reserve member banks,

 

Defendants/Respondents.

 

NATURE OF THE CASE

NATURE OF THE CASE

            This case arises under The Constitution and Laws of the United States and the State of Utah, Salt Lake County ordinances and Salt Lake City ordinances.

Plaintiffs, Petitioners, Movants, and Relator, are national, state, county and city governments, and a private citizen thereof who holds public office, city, county, and state and seeks election to public office, city and national, during a state of emergency in the State of Utah and the United States   Utah’s Governor, Sheldon P Gortat, declared martial law November 14, 1997 A.D.  Lawrence Rey Topham, Utah’s Secretary of State, has been acting Governor since January 9, 2000 AD., when Sheldon P. Gortat resigned from the office of Governor. 

The emergency urging Utah’s declaration of martial law in 1997 A.D., was (A) The Board of Governors of the Federal Reserve System and twelve Federal Reserve Banks, and people in the Department of the Treasury, and others, who connived, with intent to defraud, to impose falsely made security obligations of the United States upon (1) the United States of America,  (2) The State of Utah, (3) Salt Lake County, (4) Salt Lake City, and (5) The citizens thereof, and (6) Other people living within the jurisdictions thereof, beginning on November 26, 1963 A.D.,  four days after John Fitzgerald Kennedy was murdered, and  (B)  The failure of people elected or appointed to public offices of the State of Utah to file their required oaths of office with Utah’s Secretary of State after 1974 to October 27, 2003 A.D. 

The emergency resulted from failure of constitutional government in the United States of America, the State of Utah, all other states, Salt Lake County, and all other counties, Salt Lake City and all other cities and towns in Salt Lake County.

THE CAUSES OF ACTION

Plaintiffs, Petitioners, Movants and Relator have all been adversely affected and seriously harmed by the failure of the Republican and Democrat  political  parties and their members and  supporters to support, obey and defend  the Constitution of the United States and the Constitution of this State and perform the duties of their offices  with fidelity and to maintain constitutional government in the United States, the State of Utah, Salt Lake County and Salt Lake City and other jurisdictions therein, and hereby complain about, and importune for  proper redress of, all grievances, and seek for all necessary and proper relief from all unofficial, unlawful, unconstitutional and unjust actions taken by the Republicans and Democrats that have resulted in the effective overthrow of the governments herein named, and petition for the immediate restoration of constitutional government in Salt Lake City, Salt Lake County, the State of Utah and the United States of America,  on this 27th day of October 2003 A.D.

FIRST CAUSE OF ACTION

Plaintiff, Lawrence Rey Topham, the official Mayor of  plaintiff, Salt Lake City, and a candidate for reelection as Mayor, was falsely arrested and taken prisoner by the Republican and Democrat political parties and members thereof on August 22, 2003 A.D., between 3:30 and 3:45 PM, in room 415 of the City and County Building located at  451 South State Street, Salt Lake City, Salt Lake County, State of Utah, while Mr. Topham was picking up documents from the Salt Lake City recorders office that prove him to be the official, lawful and constitutional mayor of plaintiff, Salt Lake City, and prove that defendants Ross C. Anderson, Kendrick D. Cowley, Sonya Skyles, etc, were operating the Salt Lake City primary election by criminal means while exercising or attempting to exercise the functions of public office in favor of Democrat and Republican candidates.

Defendant Cravens told Mr. Topham that there was a warrant out for his arrest, and twice ordered him go put his hands behind his back, and hand cuffed him..

Plaintiff Topham, was taken under threat of force, put in hand cuffs and transported by defendant, Kent N. Cravens, an employee of defendant David E. Yocom, a Democrat, to 3415 South 900 West in South Salt Lake where he was delivered into the custody of defendant, Aaron D. Kennard, A Republican, and his employees, who took all of his property from him, including his campaign materials and extremely valuable genealogical items with Hawaiian Genealogy covering six thousand years back to Adam, belonging to Tisina Wolfgramm Gerber.

 Defendant Cravens, threatened “to toss” these items he had taken from Plaintiff, Topham.

            Plaintiff, Lawrence Rey Topham, was a candidate for Mayor of Salt Lake City in 1999 A.D., and won the official write-in election, November 2, 1999 A.D.

Plaintiff, Lawrence Rey Topham, is the duly elected and qualified, de jure Mayor of Salt Lake City.

Plaintiff, Lawrence Rey Topham, had his oath of office filed in the office of the Salt Lake City recorder on the 3rd day of January 2000 A.D.  David J. Murtha filed it before 1:30 P.M.  The date stamp was set for Jan 3, 1999, not Jan 3, 2000.  The duplicate original proves it. It was first dated as received, January 3, 1999, because the year had not been changed on the received stamp.  The January 3, 2000 date of filing is still on the back of the filed oath of office certificate.

The next day, January 4, 2000 A.D., the certificate was unlawfully altered and the January 3, part of the date on the face of the oath was covered over on the duplicate original filed in the Salt Lake City recorder’s office and now shows the date received as January 4, 2000.

Plaintiff, Lawrence Rey Topham, uses only gold and silver coin as lawful money of the United States and as a lawful tender in payment of debts in obedience to his oath of office to support, obey and defend the Constitution of the United States.

Salt Lake City, a municipal corporation, has been taken over by Republicans and Democrats who support a criminal conspiracy to overthrow the Constitution and Laws of the United States and of Utah and all governments thereunder, including plaintiff, Salt Lake City, by use of false notes, false coins and fictitious bank credit, and by use of coercion, intimidation, false arrests and force of arms.

Defendant Republicans and Democrats, and others allied with them, are attempting to prevent plaintiff, Lawrence Rey Topham, from performing the duties of the office of Mayor of Salt Lake City, Utah, and from running as a candidate for reelection as Mayor.

The means used to overthrow constitutional government in Salt Lake City has been, first and foremost, the use of notes, falsely made with intent to defraud, and issued at the discretion of the Board of Governors of the Federal Reserve System in direct and clear violation of United States Code, Title 12, Section 411, 18 U.S.C. 334, and 18 U.S.C. 371, 471, 472, 473, etc. 

All of the defendants and respondents named in this complaint and petition have used and are using the falsely made notes issued through the twelve (12) defendant Federal Reserve Banks by the seven (7) defendant members of the Board of Governors of the Federal Reserve System.

The falsely made notes issue by the Federal Reserve defendants amount to more than 611 billion “dollars”, which is about ten percent of the reported national debt of 6.847 trillion “dollars”, according to the department of the treasury as of October 24, 2003 A.D. 

The Republicans and Democrats operate a racketeering scheme or enterprise to defraud the United States, the States and the people thereof, and use the mails and television and radio and other media to promote their scheme to defraud in violation of 18 U.S.C. 1341, mail fraud, and 18 U.S.C. 1343, wire fraud. 

These mail, television and radio and other media means are also used by Defendants, Ross C. Anderson and Frank R. Pignanelli, both Democrats, to run their campaigns for Mayor of Salt Lake City against plaintiff, Lawrence Rey Topham, who does not use such means in his campaign.. Republican, Molonai T. Hola,  collected signatures to qualify to be on the October 7, 2003, Primary Election ballot but used more than 40, 000 false dollars to run his campaign and filed reports, under oath, that the dollars were true dollars, when they in fact were not units of silver or units of gold.

Defendant, Ross C. Anderson received contributions in false dollars and made expenditures thereof in excess of 400,000 false dollars for the primary election and it was certified under oath that they were true dollars in his financial disclosure statement dated 26 September 2003.  He made a false payment by check to file as a candidate.

Defendant Frank R. Pignanelli received contribution in excess of 200,000 false dollars and made expenditures in excess of 200,000 false dollars and under oath they were certified to be true dollars.  He made a false payment by check to file as a candidate for mayor of plaintiff Salt Lake City.

Defendant, Ross C. Anderson, is not the duly elected Mayor of Salt Lake City.

Ross C. Anderson did not file the required oath of office with an official Salt Lake City recorder, and the office of Mayor was not vacant when his oath of office was subscribed.

The oath of office certificate does not indicate to which office the oath relates.  It does not say where it was filed, or when it was filed, or with whom it was filed or when it was received as required by UCA Sections 52-1-4. 52-2-1, and 76-8-203.  The oath certificate says it was subscribed before Kendrick D. Cowley as a notary public, not as Salt Lake City Recorder.

Mr. Anderson has falsified the public accounts of Salt Lake. City by using the false notes issued by the Federal Reserve defendants and the member banks that are purported to “own” the defendant Federal Reserve Banks.

Defendant, Ross C. Anderson, unofficially, exercises the functions of the public office of Mayor of plaintiff Salt Lake City and has used and is using that position to operate a racketeering enterprise in the name of plaintiff, Salt Lake City.

Mr. Anderson is acting without constitutional authority to exercise the functions of a public office, and uses false money to effect his usurpation.

Mr. Anderson is not a member in good standing of the Utah State Bar, it having been dissolved because no persons filed their oaths of office as justices on the Utah Supreme Court with the Secretary of State after 1976 through 2003 A.D., so all offices in the Utah Supreme Court are vacant as a matter of law, under UCA 52-1-2, 52-2-1, and 76-8-203, as of 1974, when no person elected to the Utah Senate filed the required oath of office with the Secretary of State, Clyde L. Miller, during the Democrat administration of Calvin L. Rampton’s governorship.  Both Clyde L. Miller and Calvin L. Rampton  were Democrats.

This momentous failure of all Republicans and Democrats to qualify for public office as senators in the Utah Legislature left all senate offices vacant after 1976.  Their failure to file with the secretary of state that began after 1974 has continued from 1974 until this 27th day of October, in the year of our Lord two thousand and three.   The refusal of the Republicans and Democrats to correct this problem has led to the overthrow of the constitutional .governments of  Salt Lake City, Salt Lake County, the State of Utah and the United States of America.

All public offices of the State of Utah, except for the office of Secretary of State, held by Plaintiff Topham, are currently vacant, as a matter of law, and people attempting to exercise the functions of such vacant public offices act in criminal violation of Utah law, UCA 76-8-203.

The unofficial senate attempted to change the place for filing oaths of office during 1976 by attempting to amend the Utah Constitution by changing the constitutional office of secretary of state to secretary of state/lieutenant governor. The change is unofficial and void.

The Utah Constitution could not be, and was not, changed by people who had not taken, subscribed and filed the oath required by Article IV, Section 10, of the Utah Constitution, and Article VI of the United States Constitution.  So the Utah Constitution remains as it was in 1974, all attempted amendments thereto being repugnant to the Utah and United States constitutions, and therefore, void.

The same is true of all laws attempted to be enacted after 1974, when there was no majority in the Utah senate to enact any legislation. 

 Defendant, Kendrick D. Cowley, did not file the required oath of office with the Salt Lake City Treasurer as required by Utah Code Annotated, 1953, Section 52-1-4, which has not been amended since 1953, leaving the office of Salt Lake City Recorder vacant since March of 1973 A.D.  

Kendrick D. Cowley’s oath has no day of filing, only the month of March and the year 1973.  It shows no evidence of filing with the Salt Lake City Treasurer and it was not in the office of the Salt Lake City Treasurer on June 23, 2003 A.D.

SECOND CAUSE OF ACTION

Defendants claiming membership on the Salt Lake City Council have allowed and are allowing Kendrick D. Cowley to perform the functions of a public office when he has not filed his oath of office with the Salt Lake City Treasurer as required by UTC 52-1-4, 52-2-1, and 78-8 -203, thereby aiding and abetting him in the violation of  Utah law.

Defendants claiming to be members of the Salt Lake City Council are using false notes and false coin and fictitious bank credit to operate plaintiff Salt Lake City falsifying the public accounts by such use.  Each is under oath not to use any Thing but gold and silver coin as a Tender in Payment of Debts.  Each has violated his or her oath of office to support, obey and defend the Constitution of the United States and of this State and to perform the duties of their office with fidelity.  This constitutes perjury.

The defendant members of the Salt Lake City council all failed to file their oaths of office with an official Salt Lake City recorder, and on June 10, 2003 A.D., voted unofficially to sell the easement on the “Main Street Plaza” to the unofficial Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, and thereby continue to falsify the public accounts of plaintiff, Salt Lake City, by use of false notes, false coins and fictitious bank credit.

Utah Code Annotated, 1953, Section 7-3-22, as amended, unofficially, by Republican and Democrats in 1981, as unofficial senators in the Utah Legislature, none of whom had filed an oath of office with the Secretary of State, declares that:

“No bank shall issue any bill, note or certificate intended to circulate as money.”

Defendant members of the Salt Lake City Council do not abide by this provision of the “Utah Code”.  They all use false bank notes that cannot be redeemed dollar for dollar in gold and silver coin of the United States, and checks that also cannot be redeemed dollar for dollar in gold and silver coin of the United States. And they all use false coins made of copper, nickel and zinc which also cannot be redeemed dollar for dollar in gold and silver coins of the United States.

 The Constitution of the United States provides, unequivocally, in Article I, Section 10, that:

“No State shall…make any Thing but gold and silver Coin a Tender in Payment of Debts;”

THIRD CAUSE OF ACTION

The Democrats and Republicans unofficially exercise the functions of public office in Salt Lake County as District Attorney and Sheriff with all of their unofficial deputies as part of the criminal conspiracy to overthrow the Constitution and government of the United States and the Constitution and government of the State of Utah and the government of Salt Lake County and Salt Lake City and other municipalities and towns in Salt Lake County, by upholding Democrats and Republicans who exercise the functions of public office in Salt Lake County, the State of Utah, and the United States of America. 

Lawrence Rey Topham is the duly elected Clerk of  Salt Lake County and ex officio clerk of the Third District Court in and for Salt Lake County and only a few civil or criminal cases have been filed with him during the last 5 years.

FOURTH CAUSE OF ACTION

Republicans and Democrat party members unofficially operate a racketeering scheme or enterprise in the name of plaintiff, State of Utah, without having filed oaths of office with the secretary of state as legislators, executive officers or judicial officers for more twenty seven years, since 1976 A.D, with the senators-elect of 1974 having all failed to file the required oath of office with any one at any time..

 This unofficial misconduct has effectively overthrown the constitutional government of the State of Utah, with the exception of the official secretary of state, plaintiff, Lawrence Rey Topham. 

Plaintiff, Lawrence Rey Topham has constitutional authority as acting governor of the State of Utah to fill all vacancies in all state offices, legislative, executive and judicial under the provisions of the Utah Constitution and laws as they existed in 1974 A.D., and still exist today, October 27, 2003 A.D.

Plaintiff, Lawrence Rey Topham, was duly appointed secretary of state on March 6, 1997 by Governor Sheldon P. Gortat.

Sheldon P. Gortat was duly elected secretary of state in the November 1996 A.D., general election.  The oath of office was administered by a “notary public” and signed and sealed on January 6, A.D. 1997.

 

Sheldon P. Gortat, on March 6, 1997, as secretary of state, appointed plaintiff, Lawrence Rey Topham to be a notary public.  As a notary public, Lawrence Rey Topham, administered the oath of office to Sheldon P. Gortat for the office of Governor of the State of Utah

No one had filed an oath of office with the new secretary of state as governor of the State of Utah, and pursuant to the Constitution of the State of Utah, Sheldon P. Gortat did take, subscribe and file the required oath as governor of the State of Utah.

Governor Gortat then appointed Lawrence Rey Topham secretary of state and administered the oath of office to him.  The oaths of office were then filed with the new secretary of state, Lawrence Rey Topham on March 6, 1997 A.D.,

David Joseph Murtha was appointed to the office of state treasurer and the oath of office was administered to him by Governor Sheldon P. Gortat and was filed with the secretary of state on March 6, 1997 A.D.

While acting in his capacity as Governor of the State of Utah, Sheldon P. Gortat declared a state of emergency and declared Martial Law to deal with the emergency.

The emergency was the breakdown of constitutional government in the State of Utah because Democrats and Republicans who had been elected to public office as senators in 1974 had not filed their oaths of office with the secretary of state, and while acting unofficially in exercising the functions of public office as senators they attempted to replace or modify the office of secretary of state and with a new office titled, secretary of state/lieutenant governor.

In January of 1977 none of the Democrats or Republicans elected to the Utah Senate filed an oath of office with the secretary of state/lieutenant governor”.  Leaving all of the offices in the Utah Senate vacant pursuant to UCA 52-2-1 and all acts performed were done in violation of UCA 76-8-203.  This was clearly the beginning of the end of constitutonal government in the State of Utah.

An unofficial Utah Senate made up of Republicans and Democrats attempted to change the Utah Constitution with the support of their party members and others who supported their unofficial misconduct, knowingly or unknowingly, from secretary of state/lietenant governor to lieutenant governor.

Eventually, in 1984 the place for filing oaths of office was unofficially changed again, this time, to the Division of Archives. 

The Division of Archives has never acted as a filing office with a filing officer designated to receive, date and file the oaths of office for any people elected to public office in the State of Utah, but acts only as a receiving office for public documents which it does not mark in any way under the long tradition and laws prohibiting the altering of public documents deposited in the Division of Archives.

With no designated filing officer in the Division of Archives no oaths of office are dated as to when they were “filed” with the Division of Archives. 

The “statute” designating the Division of Archives as the filing office is unofficial because no Democrat or Republican elected to the Utah Senate filed their oaths of office with the secretary of state, secretary of state/lieutenant governor, the lieutenant governor, nor with the Division of Archives from 1974 up through 1990.

In 1991 after plaintiff/relator, Lawrence Rey Topham, reported the violation of the oath of office filing law to Kelly Atkinson and Frank R. Pignanelli, who are both Democrats, through a petition for writ of habeas corpus presented to Kelly Atkinson by two daughters of Calvin K. Rickett, who was being held in the Salt Lake County Jail by then Sheriff Norman D. Hayward, a Democrat, under an order of David S. Young, an unofficial “judge” in the Third District Judicial District, under a mandate law unofficially enacted in 1983, requiring the filing of false tax returns or be kept in jail until the mandated person complied with the court order mandating the filing of false income tax returns.

Howard Lee Childs was also in the Salt Lake County Jail under this unofficial mandate “law” under order of David S. Young, who received false notes and false coins in lieu of payment in gold and silver coins of standard regulated value, for his services as an unofficial “Judge”..

Both of these patriots suffered loss of their liberty for sixty two (62) days because of the dishonesty and unofficial misconduct of David S. Young, who had not filed his oath of office with the secretary of state.

This matter was compounded when Aaron D. Kennard, a Republican, was elected to replace Norman D. Hayward, a Democrat, and then after Mrs. Calvin K. Rickett with plaintiff/relator, Lawrence Rey Topham, when to Sheriff-elect Kennard’s home and showed him the petition for writ of habeas corpus and told him that in order to resolve this matter of the legislative, executive and judicial officers in the State of Utah all failing to file the required oath to support, obey and defend the Constitution of the United States and the Constitution of this State, with the secretary of state, or with any other “public official,.”  That he as the newly elected Sheriff of Salt Lake County must be sure to file the oath of office.

Aaron D. Kennard did not file his oath of office.  He did not subscribe his oath of office.

Sherrie Swenson certified that Aaron D. Kennard appeared before her and first being duly sworn did subscribe the foregoing oath of office, when in fact, there is no signature of Aaron D. Kennard on the certificate filed with Sherrie Swenson.

Aaron D. Kennard did not become a public official as the Sheriff of Salt Lake County in 1991 A.D.  Every act he performed as Sheriff for that four year term was unofficial, including his holding of Calvin K. Rickett and Howard Lee Childs after he had most carefully been warned of the unofficial misconduct of all those other Republicans and Democrats who had not filed their oaths of office.

In 1987 no Republican or Democrat elected to the Utah Senate or the Utah House of Representatives filed the required oath of office with anyone, or anywhere.

Gordon R. Hall, who had been reelected in an unofficial retention election in 1986 as a Justice on the Utah Supreme Court also failed to file an oath of office for the new ten year term of office beginning at noon on the first Monday in January..

In 1989 no Republican or Democrat elected in the 1988 election, to the Utah House of Representatives or the Utah Senate filed the required oath of office in any office, nor did any of the five executive officers, nor did either of the two justices on the Utah Supreme Court.  All 29 senate seats were vacant.  All 75 house seats were vacant.  All five executive offices were vacant.  Three of the five offices of justice on the Utah Supreme Court were vacant.  112 out of 114 elective public offices in the Utah State Capitol building were vacant for failure of any Democrat or Republican to comply with the law to qualify for office pursuant to UCA 52-1-2, 52-2-1 and 78-8-203.  President Ezra Taft Benson warned us October 3, 1987 A.D.

This situation was discovered by plaintiff/relator, Lawrence Rey Topham, who was a candidate for governor of Utah in 1988 A.D., and knew that he would have to file an oath of office should he win the election.  He attended the inauguration ceremony and watched each person raise his hand and swear the oath to support, obey and defend the Constitution of the United States and the Constitution of this State and perform the duties of his office with fidelity.

Not one of those people, Democrats and Republicans, subscribed the oath of office following that ceremony nor did they file it with the “Division of Archives,” as prescribed in UCA 52-1-2, the unofficial “law”, within the sixty days prescribed by UCA 52-2-1. and all of them continued to act beyond the sixty days without qualifying for their respective offices, in violation of UCA 76-8-203., a criminal offense.

Plaintiff/relator, Topham, wrote a letter to Norman H. Bangerter, his former Stake President, saying that they take the oath without seriously considering what they are swearing or affirming to do.  A stamped receipted copy of that letter was given to every Democrat and Republican exercising the functions of a public office in the Utah Legislator, both the house and the senate, and to the three members of the Utah Supreme Court.  Still they did not comply with the law. 

Plaintiff/relator, Topham, reported this failure to a clerk in the Utah Supreme Court after the sixty day time limit for filing was expired so all of the 112 offices were vacant as a matter of law.

Gordon R. Hall, first, conspired with Geoffrey L. Butler to back date his own oath of office, two full years, back to January 1987.  However, a mistake was made and it was dated January 2, 1987, instead of January 5, 1987, when the term actually began that year.

Then, Gordon R. Hall conspired with I. Daniel Stewart and Michael D. Zimmerman to back date their oaths of office and did so and had them delivered to the Division of Archives late in March of 1989 A.D.

But that did not solve the problem for Norman H. Bangerter, W. Val Oveson, Tom L. Allen, Edward T. Alter, all Republicans, and R. Paul Van Dam, a Democrat, so in conspiracy to falsify and file falsified records in a public office, Gordon R. Hall, on or about, April 11, 1989, falsely certified that the five executive officers named in this paragraph appeared before him and subscribed their oaths of office on the second day of January 1989, when they were actually subscribed on the 10th or 11th day of April 1989, and were deposited in the Division of Archives by an intern from the lieutenant governor’s office, acting under the direction of W. Val Oveson and David Hansen, both Republicans.

These Republicans and Democrats all refused to abide by the law.  None would acknowledge they were acting without authority of law.

These matters have been published in the news papers and reported on radio and television.  Particularly, it was written up in the Deseret New on April 15, 1989.  Several stories were written over the years about the failure of all these public servants to qualify for office, but who continued to act as if they were authorized by the Constitution and the Laws of the United States and the Constitution and Laws of the State of Utah to do so.

In April or May, after making an affidavit of all the oaths of office that were not filed for the Republicans and Democrats in the House of Representatives and the Senate, and reporting the late subscribing and filing of the oaths for Gordon R. Hall, I. Daniel Stewart, Michael D. Zimmerman, Norman H. Bangerter, W. Val Oveson, Tom L. Allen, Edward T. Alter, and R. Paul Van Dam, I filed that affidavit with the Salt Lake County Attorney, David e. Yocom, a Democrat.  I spoke with Walter R. Ellett, who headed the criminal or justice division of the Salt Lake County Attorney’s office.  Mr. Ellett told me he would not jerk me around, but he did. 

So I contacted Sheriff Norman D. Hayward, a Democrat and scheduled a meeting with a few friends of mine who were interested to see what our public officials would do about this gigantic failure in government.  David E. Yocom, a Democrat, who attended this meeting with Sheriff Hayward and Walter R. Ellett, and my few friends, told us about these Republicans and Democrats who failed to file their oaths of office and were committing misdemeanors and felonies, and said Mr. Yocom, “These people (these Republicans and Democrats) are not criminals.“

That is when I learned that we have two kinds or classes of people in Utah,  Those who are criminals, the ones who get charged with crimes by the Republicans and the Democrats, and those who are not criminals, who don’t get charged with crimes by the Republicans and the Democrats when they violate the laws.  

The plaintiff/relator, Lawrence Rey Topham, reported this massive concerted effort to avoid obedience to the Constitution and laws by Republican and Democrats at every level, national, state, county and city, but they would do nothing to discredit their fellow Republicans and Democrats.  Therefore, they allowed the whole constitutional system of government to erode and decay around them because of the two major political parties who, now, unofficially exercise the functions of public office al all levels of government.

Because the relator, Mr. Topham, was duly appointed secretary of state and in exercise of his constitutional authority and power sought to remedy the massive violation of the Constitution and laws by the Republicans and Democrats, who, without constitutional authority, were continuing to exercise the functions of public offices for which they had not legally qualified,  He, Mr. Topham, entered the Capitol building in January of 1998 A.D., after ample warning, that he was coming, and two unofficial protective service personnel at the Utah State Capital building resisted arrest when the secretary of state told them they were under arrest. because they did not have oaths of office on file with the secretary of state.  Mr. Topham had gone to the Capitol building under the direction of his Father in heaven in order to continue the restoration of constitutional government in the state of Utah. 

The two unofficial protective service men were acting in armed rebellion against the secretary of state, when he was not armed.  He refused to use force against them, but they did not hesitate to use force against the secretary of state, whom they sprayed with pepper spray, handcuffed and took him and placed him in the custody of Aaron D. Kennard who had not qualified as Sheriff of Salt Lake County in 1991, or any time thereafter, and had refused to enforce the oath of office laws, with which he himself had not complied, and he still will not act to correct the gross violation of the Constitution and laws of the State if Utah.

FIFTH CAUSE OF ACTION

The Republicans and Democrats who exercise the functions of public office in the State of Utah without filing oaths of office with the secretary of state under the Constitution and laws of the United States and the Constitution of the laws of the State of Utah, have precipitated the destruction of their own political parties.

The Republican and Democrat political parties are not registered with Utah’s secretary of state, and have not been since at least 1984, when the filing of oaths of office ceased, and then was resumed in 1997 with the election and qualifying of Sheldon P. Gortat as secretary of state and the subsequent appointment and then election of Lawrence Rey Topham to the constitutional office of secretary of state for the State of Utah.

The Republicans and Democrats have come against the Independent American Party president, and governor and county vice chairman, and secretary of state, acting governor of the State of Utah, Commander-in-Chief of the Utah State Militia and Chief Judge of the Courts Martial on three different occasions, January 5, 1998 A.D., when he was beaten, and sprayed with pepper spray and held in confinement by Aaron D. Kennard for three and a half days and released, and again on October 6, 2000 A.D., when he was taken from Fort Utah by Joseph Cyr and Mr. Poulsen, turned over again to Aaron D. Kennard, who held him in confinement for 32 days, up until November 7, 2000 A.D., the election day, and then released him without any explanation.  And then he was taken by Kent N. Cravens and turned over to Aaron D. Kennard and his employees, who put Mr. Topham in the Acute Medical section of the Salt Lake County Adult Detention Facility, where guards tormented him day and night trying to break him and make him submit to medical tests, an unlawful assault.  Mr. Topham, a public official, was threatened with being put in lockdown for asking to have his left handcuff loosened so it would not ride on the bone as he was being prepared for transportation to the Hospital.  Defendant C. Lewis first threatened the secretary of state with lockdown.  Then Defendant Kepler, who had just put ankle cuffs, a waist chain and hand cuffs on Mr. Topham, Utah’s secretary of state, got angry with Mr. Topham, commanded him to Stand up and then took him and slammed him against a cement wall in the room where prisoners are shackled before transportation.  This brutal assault on the secretary of state fractured at least three bones in his right cheek and eye area, and fractured his ribs on his left chest area and caused bleeding from the fractured eye area for more than two days while in lockdown without medical attention.  Defendant Kepler told guard Larsen that Mr. Topham’s hospital visit is cancelled.  Kepler used vicious and foul language as he and three other guards escorted Mr. Topham back to the cell in the sub acute cell block HS27 where Larsen had taken him from a few minutes earlier for his cancelled hospital visit. 

Mr. Topham had never been told why he was taken to be transported to the hospital. He was held in lockdown for five days, from October 9, 2003 A.D., until the evening of October 13, 2003 A.D., when he was released.

Mr. Topham confirmed his injuries at the LDS Hospital on 8th Avenue and C Street in Salt Lake City on the 15th day of October, two days after his release.  He reported the matter to the FBI on the 14th  of  October after he spoke with some attorneys about filing a civil rights complaint for his injuries and deprivations of rights by people unofficially exercising the functions of public offices, from governor, lieutenant governor, auditor, treasurer, attorney general, County Attorney, County Sheriff, County Clerk, and most other County offices in Salt Lake County, including mayor, recorder, council members, all of whom serve unofficially and are compensated for their services with false securities, false coins and fictitious checks or warrants drawn on accounts that have no lawful money, gold and silver coin, of he United States on deposit in those accounts.

SIXTH CAUSE OF ACTION

The failure of Utah’s Republican and Democrat political parties to register with the secretary of state for the elections from 1984 and onward, Utah has not had an official election, except for write-in elections in any state or county election.  Nearly all of the Republican and Democrat candidates use false filing fees to get their name on the ballots, they file for office under unofficial legislation in March, instead of from April 15 until May 10, of each even numbered year, and so no Democrats or Republicans qualify to be on the November general election ballots, which includes those candidates for President of the United States, 

George W. Bush had no qualified Republican Party to place his name on the official election ballot in 2000 A.D., and no Republican electors of president were qualified, and none were certified by the Utah’s secretary of state, so George W. Bush is not a duly elected president, and does not hold office.  His actions are all unofficial.  He is not compensated in gold and silver coin, so he is not president of the fifty united states which are prohibited from making any Thing but gold and silver Coin a Tender in Payment of Debt.  So he does not represent the States or the people thereof, and the Republicans in Utah not only did not provide him with any official electors, but charged him a false five hundred dollar filing fee, which only falsified the account it was placed in.

The national debt is reported, falsely, to be 6.847 trillion dollars, which is only a part of an international racketeering scheme operated by Republicans and Democrats and Federal Reserve defendants and those who support them in this rebellion against the Constitution and laws of the United States of America, and the Constitution and laws of the State of Utah.

The defendants in this case are liable for payment in gold and silver coin of standard regulated value for all the outstanding debt and bank credit created out of thin air by those at the Federal Reserve, Congress and the Department of the Treasury.  The national debt is the product of a racketeering scheme to defraud all those who use false notes and  false coins and the fictitious credit based thereon, falsely called dollars. 

It is impossible to coin a dollar of lawful money out of any Thing but gold or silver.  A dollar is a unit of silver.  A unit of silver contains 371.25 grains of pure silver.  The copper alloy used to coin silver dollars is to strength the coins so they will last longer. 

Republicans and Democrats in Congress have, in their great rebellion against the constitutional government, broken their oaths of office and forfeited their privilege to govern and hold public office or vote. 

They have debauched the current coin of the United States and, without authority to do so, defrauded the government of the United States, the governments of all the States and political subdivisions thereof, and the people of the United States of America.  They have broken the public trust and corrupted the people they were supposed to represent in Congress.  They have violated their oath of office and made the United States the greatest debtor nation in the world, and have thereby prepared the United States to be invaded by their foreign creditor nations.

Ezra Taft Benson gave his final warnings to the people in the world when he told them it was up to them to be righteous and to live the principles of the gospel, all of them, and abide by the precepts of the Constitution of the United States.  He said the Constitution would be saved by those who abide its principles, when it was on this nation would be on the brink of ruin and the Constitution would be on the very verge of destruction.

Here we are, at that very time in history, when we shall decide to abide the principles of the Constitution and forsake the evil paper money and counterfeit coins issued by our representatives in Congress through the racketeering enterprise known as the Federal Reserve System, or be destroyed according to the words of the prophets who have gone before us.

For some unknown reason President Gordon B. Hinckley, President Thomas S. Monson, James E. Faust, Boyd K. Packer, L. Tom Perry, David B. Haight, Neal A. Maxwell, Russell M. Nelson, Dallin H. Oaks, M. Russell Ballard, Joseph B. Wirthlin, Richard G. Scott, Robert D. Hales, Jeffrey R. Holland, Henry B. Eyring and H. David Burton have all acquiesced to uphold the criminal conspirators who seek to overthrow the freedom of all lands, counties and nations.  For some reason they have lost their way in the world of riches and power so they no longer treasure up the wisdom of the wise men and the warnings of the prophets who preceded them.  Why have prophets of the Lord abandoned the Constitution of the United States with its gold and silver coin and its clear and express prohibition against any Thing but gold and silver Coin being made a Tender in Payment of  Debts?. 

Have the leaders of the only true church on earth gone the way of the world for power and gain? Have they done it for the honors of men?  Have they done it because they cannot forsake their love of filthy lucre and what they can get with it.  Paper money corrupts all those who use it.  All notes cost about the same to print but the higher the denomination the greater the fraud.

The Department of the Treasury under the influence of Republicans and Democrats has sold America for foreign goods and services.  The Federal Reserve has no intention of ever redeeming its falsely made notes, which were, and are, made to defraud all who are foolish enough to use them.

You cannot purchase the Constitution of the United States with false note called “paper money” and counterfeit coins.  Constitutional government can only be purchased with gold and silver coin of standard regulated value.  Whatever is more or less than this comes of evil.  It is not of the Lord.  It is not of our God, but it is of his and our adversary.  If you will not forsake all evil, including your love for irredeemable paper and checkbook money, you will be destoyed at the coming of the Lord.  Thus saith the Lord God, who is the almighty, except ye repent ye shall be smitten even unto destruction. Return unto me and I will return unto you saith the Lord God, who is the almighty, that ye be not destroyed by the brightness of my coming.  But, except ye repent, ye shall be smitten even unto destruction.

RELIEF SOUGHT

Having expressed the complaint and grievances in the six causes of action above, the relief sought is:

The abandonment of false notes, false coins and false credit based thereon, and a return to gold and silver coin as required by the Constitution of the United States and that law which is the constitutional law of the land.

Recognition that the Republicans and Democrats have led the people of the United States astray from the Constitution, including the leaders of the churches, which includes, the only true church on the face of the earth.

The natural consequence of using false money is to lose the pretended value thereof and all things purchased therewith, then and, only then, can the necessary healing and reparation and forgiveness take place.  The earth is still the Lord’s and the fullness thereof and there is sufficient for all.  We must look unto the Lord if we are to live.

If we fight to claim property we acquired with irredeemable paper we are unjust stewards and covet that which we have no right to claim under either the laws of God who created us, or under the laws of man that were made to make us free.  The laws of God make us free and that law of the land which constitutional also makes us free.

We must repent and learn to live by every word of God is we want to receive the blessings that come to us by obedience to the laws upon which all blessings are predicated.

Plaintiffs, Petitioners, Movants and Relator, ask no more than this, a return to the Constitution of the United States with the freedom to worship our Father in heaven according to the dictates of our own conscience with peace on earth and good will towards all men

It is not necessary to answer this complaint, as there are no judicial courts in the State of Utah or the United States qualified to file it in.  You must answer it in your own conscience and do what is right because it is the right thing to do.

We must do away with all the corruption of those who use false money and impose their will upon others.  This will never occur by force or by locking men up in jails and prisons.  The jailers are no less guilty than the prisoners under the present circumstances, and many of the prisoners are not guilty of that with which they have been charged.  Both need to forsake their evil ways and learn to live in harmony under the laws of our Father in heaven and his divinely inspired Constitution of the United States of America.  We must support that principle of freedom contained in the Constitution in maintain rights and privileges which belong to all mankind for the protection of all flesh upon just and holy principles.

If you will forsake all evil and support the de jure secretary of state in the State of Utah now3 then it is possible to reestablish constitutional government in the State of Utah by appointment now and by true elections next year.

We can, and those who act appropriately will in fact, save the Constitution of the United States from the very verge of destruction, but those who have authority from God to build his church and kingdom must also humble themselves, otherwise, there is no hope for them. 

Therefore, my brothers, and my sisters, return unto our Maker with all your heart, with all you might, mind and strength, even with your whole soul, with an eye single to his glory and great shall be you joy in the kingdom of heaven.

There will be a great division among the people; the righteous must necessarily be separated from the wicked that a people may be prepared as a Zion people to meet the Savior at his Second Coming.  Prepare Ye, prepare ye, the way of the Lord, for he will come with his tens of thousands of angels. This is my prayer for relief and my hope for America, which I leave with all those who read this message of Faith, Hope and Charity, even the pure love of Jesus Christ. Amen.

Signed and Dated this 27th Day of October 2003 A.D., exactly three and a half years after my daughter Heidi Topham died.  I had told her on January 6, 2000 A.D., that her father was the one declared by the Lord God to be the one mighty and strong as recorded in the Doctrine and Covenants, Section 85, verse 7, and that her father was also one of those two prophets in Revelation, Chapter 11, verses 1 through 14, and Zechariah 4:1 through 14.

This I testify in the name of Jesus Christ. Amen.

 

 

United States of America, State of Utah, Salt Lake County, Salt Lake City

Ex Rel

Lawrence Rey Topham, Candidate for President of the United States of America,

Congressman-Elect to United States House of Representatives 2003-2005 Term,

President of the Independent American Party of the United States of America,

Governor of the Independent American Party of the State of Utah,

Vice Chairman, Independent American Party of Salt Lake County,

Mayor of Salt Lake City and Candidate for Reelection as Mayor,

Salt Lake County Clerk and Ex Officio Clerk Third District Court in and for Salt Lake County, State of Utah; Secretary of State, Acting Governor, Commander-in- Chief Utah State Militia, Chief Judge Courts Martial of the State of Utah; and

Justice of the Peace, Salt Lake County, State of Utah

Plaintiff/Petitioner

Attorney Pro Se

406 8th Avenue

Salt Lake City, Utah 84103