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Show The UTAH INDEPENDENT Page 12 Constitution October 6, 1972 The Paper iThat Dares To Take A Stand service could do this by any means.! Judge Nielsen informed the Overruled defendants and their court counsel that these were the ' decisions of the Supreme Court, and that he, the J udge, was bound A growing feeling that Federal judges have been ordered to flaunt the United States by them. income tax rebellion was apparent among the point-blan- At this point one of the attorneys asked the Judge Constitution in a desparate attempt to slow down the g wildly-spreadin- take its oath to support the Constitution, or to support case precedent and the Supreme Court? Judge Nielsen refused to packed courtroom of spectators who witnessed Judge Leland C. Nielsen deny the motions for dismissal of the San Diego Eleven at a hearing in Federal Court in San Diego on September 27. answer. The attorney, Art Stinnett, then asked where in the Constitution does it say that the Court has to support Supreme Court precedent? Again Judge Nielsen had no answer. The attorney then asked, Are there other guidelines other than the dictates of your own conscience on how the Court should uphold and interpret the Constitution? Judge Nielsen, obviously miffed. - The Eleven have been accused assault IRS officers and to rescue property seized by the IRS for alleged delinquent taxes owed by John R. Heck, Jr., of San Diego. An of conspiring to attorney for part of the defendants, Morris Sankary, Does the Court k, W. Vaughn Ellsworth The Judge upheld an Internal Revenue ruling which claimed the replied that, The Court does not have to answer questions. Why is there one set of rules for vile criminals and another set of rules for honorable citizens? Why is there so much tender solicitude by the courts to see that dope peddlers, for instance, do not suffer illegal seizures, while the poor taxpayer gets them at every turn? The manifest purpose of Section 7421 of the Internal Revenue Code is to permit the United States to assess and collect taxes alleged to be due withput judicial intervention, no matter how it violates the Due Process guaranteed to the citizen by the seize the warehouse until May 10, the day following the rescue. He also showed the Court that personal property seized by the IRS on May 4 was, by the IRSs own regulations, property which was exempt from seizure. If there was no valid seizure, how could there be an improper rescue, was the these IRS usurpers of today. argument, or a true conspiracy to break any valid law? Sankary likened the tax-protesto- to the early rs O O patriots of this country who were also tax-protesto- England. against rs that was. now no He also argued since there constitutional money of silver or gold, that there was not a valid assessment nor a constitutional tax collectable. Judge Nielsen stated that a Supreme Court case as late as June of this year had reiterated a long line of cases which held that the right of the United States to collect its internal revenue by Foot 5 Subscriptions Minimum (S I 1 Send at least $5.00 and 5 names. If you send at least $10.00 and 10 names, you will receive at no extra cost a copy of None Dare Call It Th. id vi r v i settled. Where, as here, adequate 2459 IVfajor Conspiracy v Independent Moral). proceedings had long been for a later judicial determination of the Si bscriptiois $5 par Yaar) We need more subscribers! You and your friends need the Utah Independent! summary administrative opportunity 1 od Frwk Street, Salt Lake City, Utah 84115 is provided legal rights, summary proceedings to secure prompt performance of pecuniary obligations to the gov ernment have been consistently sustained. And the property rights must yield provisionally to government need. Thus, while protection of life and liberty Please include zip code when possible Name 1 Address 8 from administrative action alleged to be illegal may be obtained promptly by the writ of habeus corpus, the statutory prohibition of any suit for the purpose of restraining the assessment or collection of tax postpones the citizens redress to subsequent civil proceedings. CUSTOM CRAFT FURNITURE CUSTOM MADE FURNITURE PEUPHOlSTERv 8585 South State St., Sandy Phone 561-099- 1 Complete Home Outfitters k a SPECIALS 50 o Reduction on All Reupholstery Hide Away Beds 100 Nylon $155 $55 Recline rs $88 Bunkbeds Complete 8i $45 Dinettes up Sale $4.95 yd. Shag Carpet Drape Sale Custom Made $2.30 yd. battery of IRS agents, conspiracy to assault and conspiracy to rescue seized property, include: John R. Heck, Jr., Annin Moths, Eric Moths, Christopher Raymond Bates, Steven Wayne Mitzner, James B. Mitzner, Lucien B. Burnham, Charles Edward Mitzner, Stuart M. Dingwall, Henry Hohenstein, and Edward M. Ross. In addition. to Sankary and counsel for the defendants includes G.G. Baumen and Laurence C. Stinnett, Baldauf,Jr. tax-protesto- rs, 9 4 prosecution in the IRS for assault and In reply to a question of Constitution, argued the Attorney Stinnett, Judge Nielsen confirmed that he had overruled attorney. I see now why the leading all constitutional objections patriots of this country were all raised in the motions, and that stated one of the they could not be brought up at defendants after the hearing, the trial which has been set for but King George had nothing on December 5 and is estimated to showed the Court that the IRS did not officially Defendants 10 be a month in duration. |