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Show Page 6 Utah Independent November The Paper That Dares To Take A Stand 1, 1973 Dr. Attacks Continued from page court in the statel They were All the defendant's sham! motions and demands for due obviously prejudiced against an proeess were summarily denied honest citizen questioning the and the Judge, S. Mark Johnson, State's tax practices, and entirely called in a Mr. Perkins, a friend of for anything the State Tax the court", and the two of them Commission wishes to put forth. proceeded to act in concert with the January 5, 1973: In a second Tax Commission. He threatened to halt the illegal attempt in an proceedings he then brought suit contempt punishment attempt to extract information against the Commission in the from Dr. Hoopes. This was not Federal Courts before Judge successful. Dr. Hoopes relying Aldon Anderson. Judge Anderson upon constitutional protections in indicated that since a serious regard to illegal search and seizure, constitutional denial was involved he was highly faborable to calling a fifth amendment self incrimination and lack of due process. The Judge three judge tribunal to hear and then ordered the information rule upon the case. However, as contained in a lawful trust and was expected, a week and a half concerning private holding to be went by before an answer was received. It seems that a citizen produced. December 13, 1972: Dr. Hoopes simply could not question or bring called for a hearing and motioned to a halt those practices the State to set aside the order. This judge, Tax Commission deems expedient! G. Hal Taylor, who just prior to the Guess they never heard of the hearing told Hoopes This matter reason for throwing the Boston had gone entirely too far" (this was Tea Party! Unable to find either a righteous only the second court appearance) and he was "going to put a halt to it judge, or attorney to handle his now! Judge Taylor then told Dr. case, Hoopes then decided to put Hoopes he read the motion and up the bond and proceed to make brief and said "I have already the first appeal. March 1, 1973: In representing decided how I am going to ." Obviously having prejudged the himself in the appeal. Dr. Hoopes defendant he started the hearing prepared the argument covering and quickly proved that to be the the previously mentioned items, case; he was under no had it printed, and submitted the circumstances going to allow the brief. April 17. 1973: The attorney for defendant his right. He in no way considered the lack of due process the Tax Commission, Assistant in the previous proceedings and Attorney General Bruce M. Hale, reordered production of the submitted the State's brief. He personal information. Dr. Hoopes totally ignored the defendants indicated that the matter would be rights in his arguments, arrogantly asserted the State Tax appealed to the State Supreme Court and was told that he would Commissions posture of lied about due not be permitted to appeal unless a omnipotence, supersedeas bond of $2483.82 was process . afforded to Hoopes posted, even though the (Claime. on page 3 in the Statement of The Facts portion of Constitution of the State of Utah (Art. I, Sec. 12) states In no the Brief of Plaintiff-Responden-t. that "On the 6th day of November, instance shall any accused person, before final judgment, be 1972, Mr. Hoopesappearedforthe compelled to advance money or hearing on the supplemental A'o such hearing fees to secure the rights herein proceeding guaranteed." and pay a S200 fine has ever been held! No evidence of for contempt. any such hearing exists in Mr. January 2, 1973: Seeking a Writ Hales Tax Commission's file! No of Prohibition from the State prior documentation of court in Supreme Court he called for a action existsthe first document inch folder is hearing and met with the five the two and one-ha- lf in Order Supplemental Justices. He sought the Writ to the November 15, on prevent J udge T aylor from illegally Proceedings proceeding against him, but found, 1972! He introduced and distorted with four very reliable, competent extraneous and irrelevant material witnesses that four of the five obviously to prejudice the court Supreme Court J ustices were eager against the defendantcertainly to deny him equity and justice-witho- unnecessary if the State's position even allowing him to is legally sound! -The April 12 May 7, 1973: present his side of the story I vranny runneth over in the highest Supreme Court Clerks office notified Hoopes that the second THE appeal (Contempt) was going to be cancelled because of lack of record SILVER MONARK submission. Difficult to assume a coincidence since it is the same record as the first appeal! This a ..." ut 1 turned out to be either a bungling of the Supreme Court Clerks in cross-enterithe information, thusly neglecting to notify Hoopes of the date, or a devious ruse to Constitutional the sidetrack appeal. Hoopes correction of the error brought an extraordinary response from the Clerk and Mr. Hale (Hmmmm!). Several ways of destroying the appeals were tried and culminated in a consolidation of the two appeals. June 17, 1973: At this particular time, an attorney willing to carry the appeal, was found and set about to carry on the appeal with greater force and argument. A Reply Brief was prepared, in which many points were refined and cases numerous substantiating clearly showing that the Supremem Court of Utah and Supreme Court of the United States had ruled several times in favor of the fundamental points of Hoopes case. The vast preponderance of evidence was clearly in Hoopes favor and several agencies (Sales ng State Tax, Income WEIGHT-O- NE .999 FINE TROY OZ. NEW LOW PRICES (includes delivery) Add to N.Y. ' Quantity: Spot Silver Frier 300-14- 1.20 1.00 Inquire 99 1500-- Up judges withheld decisions concerning relevant litigation, pending a decision on this appeal. August 21, 1973: The Supreme Court, being in recess during July and August, surprisingly issued a decision on the appeal for the Tax Commission and against the Constitutional Rights of The Citizens! Judges Ellett, Crockett, Callister, and Tuckett (Henroid did not participate why?) in both totally ignoring concurred the of rights Hoopes P.0. Box III; Mesa, Ariz. PM. (002) 134-135- 15201 Wanted: Such a Pastorl When a church t MQoaooooeaoM seeks a pastor They often want The strength of an eagle, The grace of a swan, compounded injustices to individuals, and corrupt officials acting in collusion! This case is regarded by those judges, officials, and attorneys involved as The Case to use in and curbing the protestation objections being raised by valiant Constitutionalists throughout the state. Because of the critical nature of his case. Dr. Hoopes has elected to petition the U.S. Supreme Court for a Writ of Certiorari. This would, if accepted by the Highest Court In The Land, permit a review of the documents and proceedings that have transpired in this critical case. This represents an end to the judicial appeal for these rights, leaving only the Governor of the State of Utah, and the President of the United States to redress these wrongs. A sorry mess has been allowed to gradually develop as apathetic Utahns have permitted their own Watergate-type- corruption to " infiltrate and poison all three divisions of state government. Their precious Constitution, no longer even hangs as by a thread"-i- t has ceased to exist for honest citizens refusing to allow their public servants to ride roughshod over their inalienable rights! So that there is no doubt, let everyone understand that Dr. Hoopes is not against taxesthey serve an important purpose in lawful goverhmenthe simply wants the State Tax Commission, the Courts, the whole state government to obey the Law of the Land (i.e. The U.S. Constitution and laws made pursuant thereto), OUTLOOK Continued from page 5 Commissions of 1947-4- 9 and 1953-5and their recommendations to get Government out of business. (This, by the way, contradicts President Hoovers 1932 plan to 5, regroup 58 agencies and set up divisions of public works and education, health and recreation in the Interior Department") The editorial glares with errors, but let us stick with the main topic: Reorganizing The Government. Our Federal Government is already organized. Our founding fathers set up a beautiful system which forces the Government to conform to a set of exact namely, the specifications Constitution of The United States. according to the whims and recommendations of men or the exigencies of the moment is out of the question. Commissions appointed by the President The friendliness of a sparrow, And the night hours of an owl, And when they catch that bird, They expect him to live On the food of a canary. Record of Christian Work Large Selection Of Food Items DEMONSTRATION on FOOD STORAGE 191 West 2100 South Salt Lake City, Utah 84115 to make such are illegal recommendations The because unconstitutional. has whatsoever President no power or to organize reorganize anything except' those departments authorized to him directly by the or by Congress Constitution, under Constitutional Anything else is a authority. flagrant usurpation of power. If we, the people had kept the acting Federal Government under every requisite control in the first place, the bureaucracy would not have reached its present impossible proportions in size and power. However, we have a puncturing If the tool, if we will use it. Federal Government should overpass the just bounds of its authority....the people, whose creature it is, must appeal to the standard they have formed and take such measures to redress the injury done to the Constitution as the exigency may suggest and prudence justify. Next time: The Rub Rub Everett Herald, Everett, Washington, March 6, 1971 WRIGHT PATMANS 1878th Federalist Paper 84 WEEKLY LETTER "Federalist Paper 33 (emphases LAND USE PLANNING. mine) Unfortunately, while the Ardette R. McLauchlan supporters of this legislation (S. 268 and H.R. 10294) undoubtedly Redmond, Washington mean well, they are skirting too close to a denial of our centuries-ol- d concept of fee simple ownership of private property, and Kids come up with some the right to make reasonable of the most weird answers of as such the disposition property to questions in an exam. owner sees fit. In addition, it Take a peek at some of involve Federal to appears these, from fourth graders: intervention into areas Some wine is made by Constitutionally reserved to state stomping grapes. This kind I authorities this and local of wine is called squash. andjo am unalterably opposed. As now A prune is a plum that written, this legislation must be didnt take care of itself. carefully scrutinized, and while 1 The War of 1812 was will reserve final judgment until all fought between America the facts arc in, I feel that it would and England in 1776. create more problems than it Obstetriks is a disease my would solve, at much too high a cost-- $l ma catches every year. billion. Thru the Eyes Children The gentleness of a dove, 4 Send for ordering instructions and free brochure. SIIVER SECURITY September 21, 1973: A Petition was submitted For Rehearing without delay and was summarily denied. Again, if the state government and the Supreme Court are correct under the daw what do they have to fear? A studying of the recordwhich is public and available to all (Nos. 13181 and 13173)reveals a sorry mess in our state government, seeeeeeeeeeecieeeeeeeceeeeeeeeeeeeeec'eecceeecieeeeee Prices of Grains Are going up! HOME and supporting the malicious, illegal. Bill of Attainderpursuing Tax This was indeed Commission. strange and. suspicious when they were refusing to allow Dr. Hoopes attorney to orally argue the case before the Justices and a recorder, and were contradicting their own which have been decisions consistent until approximately four years ago. Please write for ROCKY MOUNTAIN SILVER COMPANY Tax, Employment Security) suspended pursual of cases, and various SPECIALTY FOODS PURITY READERS State Bureaucracy FOR SALQ NEW CHANNELS ANGLES, FLATS, . and SQUARE TUBING Abo USED MK and PLATE WASATCH METAL & SALVAGE 20S Waal S3r4 Saadi PHONE SALT LAKE GTY. UTAH 484-351- 1 BUYERS OF SCRAP IRON AND METAL . -- |