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Show The The if if Qndependeirctf it if Salt Lake City, Utah 84115 Vol. 4, No. 47 of the Constitution with absolute W. Vaughn Ellsworth constitutionally-minde- d are like sitting lumps on a log, waiting resignedly to bfc attacked by government. This is the wrong attitude. By and large patriots mistakenly believe that government officials can do almost anything in violation citizens, including tax-rebe- ls, impunity. Do not IRS agents, for example, issue pocket summons and levy on bank accounts, automobiles and homes without warrants and without the semblance of the due process of a judgment following a jury trial? Why do patriots stand for it? 1 suggest that they stand for it because they know no remedy this side of shooting. 1 wish to point out a remedy. 1 make no pretense that it will completely save the country from the tyranny which is now being imposed upon us by the traitors who have made treason the official policy of the United States. However, the remedy is a holding action. It is a containment device. It is a stumbling block for despotic bureaucrats, oath-breaki- ng judges, prosecutors and is It an inexpensive, legal, moral, November 22, 1973 designed to harrass and hold down the enemy while the forces of freedom, liberty and the Constitution educate and rally the righteously indignant citizens who are demand-in- g a return to Constitution limited yers S X&y v Dedicated To The Constitution, Liberty, Morality, and Truth Many teHIVf counter-attac- k, implement it. Congress passed criminal statutes, now known as Title 18. United States Code, Sections 241 and 242 providing imprisonment and fines for those who conspire to injure, oppress, threaten, or t. intimidate any citizen in the free govern-menThe ; remedy I speak of is the exercise or enjoyment of any right Civil Rights Acts, particularly Title or privilege secured to him by the Constitution or laws of the United 42, United States Code, Sections 1986. 1985 These have and 1983, States, or because of his having so been used heretofore by exercised the same". This is from rs Section 241 and violators are communists, racial agitators, and obscenity peddlers. It subjected to up to 510,000 in fines is time that patriots use the double-edge- d and 10 years imprisonment. sword against their J ust think how many federal and state who have oppressors. After the Civil War, Congress denied due process to the citizens States arc liable for these criminal passed and carpet-baggFourteenth the passed (illegally) penalties! Amendment. Since it in great part The other criminal statute. destroyed States' Rights, many Section 242, provides: Whoever Constitutionalists have opposed it. willfully subjects any inhabitant of it is Since there, however, patriots any State, Territory, or District to are overlooking a great bet by the deprivation of any rights. neglecting it and statutes which privileges", or immunities secured flag-burne- tax-collect- ors ed or protected by the Constitution or laws of the United States....shallbe fined not more than 51,000 or imprisoned not more than one yearj or both...." Again, how innumerable are the government officials who should be criminally prosecuted! Let us be practical,' and however, acknowledge that the prosecutors arc loath to prosecute because they know' that they and their cohorts would also all be vulnerable. So, for the time being, let us turn to the Civil Rights statutes mentioned earlier. Title 42 Section 1983 provides that: Every person who, under color of any statute, ordinance, regulation, custom, or useage, of any State or Territory, subjects, or causes to he subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities Continued on page 6 Albuquerque Businessman G The following statement has been made by Dr. C. E. Chappell regarding violations of his freedom and individual rights by agents of the New Mexico Bureau of Revenue and officers of the New Mexico State Police: I wish to inform my patients and the public in general of a series of events that have led to my exclusion from practice. UTAH INDEPENDENT 2459 Major Street Salt Lake City, Utah 84115) Second Class Postage Paid at Salt Lake Chy, Utah UILTY UNTIL PROVEN INNOCENT My first notice that the State Bureau of Revenue was investigating my tax reporting status was by mail and in the form of a levy. The levy stated that an audit had been performed, and that I was delinquent in my tax payment. The audit did not occur in my office, and w'as supposed to have covered a period of time dating from January 1970 up to the present time. I responded to this notice by stating on the levy form that the audit was fraudulent, and that no taxes were delinquent or due. mailed the Revenue of Bureau to the response I was contacted by phone by the Bureau's enforcement agent, Mr. Bornfield. He wanted immediate payment of the levy. I told him that I had responded to the claim, and that my response w'as in the mail. A day or tw'o after I A day or so later, this same agent He appeared at my office. er (xj Q cd W C i demanded payment of the levy. 1 told him I did not owe any taxes, and would show him my reporting form. On his second visit he saw the report but would not accept my without having the records cancelled checks, too. It should be noted that the office copy of the reporting form had the check numbers, check amounts, and the filing dates written on the form. cd Q tt was informed that I was to compute the tax, add a penalty of for each not less than I five-dollar- s H r:.: U confessing to a crime that I did not commit. Another meeting was set for Thursday, October 25,1973, to be held at my office at 4325 Carlisle Blvd.. NE. 1 requested some friends to act as witnesses to my attempt to clarify the matter with the agent. When the agent arrived at ten o'clock for the meeting he refused to discuss the matter, and stated that I had no right to have witnesses present, nor could I record the proceedings. He left the office to make a phone call. At that time, I called the city police to ask for a law enforcement officer to protect my Constitutional rights. Now, please keep in mind there has not been due process of law allowed at any time, but strictly tactics. have been told that I have a debt to the Bureau of Revenue, but 1 have records to show that 1 don't owe anything. The Bureau has placed a lien on my property to assure collection of this extortion money. Now the enforcement of the levy was about to be enacted by two carloads of Bureau agents, the state police, the city police, and a deputy . sheriff. The closing of my place my source of income, is the weapon. I refused to permit this injustice by stating, 1 will not lef you lock up my office." The Bureau agent told the state police to arrest me, which he did. Now, the property which 1 worked for, to build and develop, has been confiscated by the state, and in police-stat- e 1 month, and to compute the interest due on the tax and penalty for the time of the alleged delinquency. total violation of my This would be the same as Constitutional, rights, and without due process of law. At this time I was locked out of my office and my home, with no place to live, no place to work, and no place to serve my patients. Of course, you understand that any person having gone to court, and having been found guilty of indebtedness, can be forced to pay the debt. This docs not mean, however, that the debtor is denied the tools of his trade, the right to work, nor can he be relieved of his total paycheck. At this time. I have not had my day in court, nor have I been found guilty. I was put in jail on a criminal complaint to await a pleading before the magistrate court. Then 1 was told that my home would be released to me when I was freed from jail. I was released on my own recognizance, and a trial date is tp be set at a future time. On Friday, October 26, the Bureau of Revenue returned to the scene of their crime to conduct an inventory of my office. They found the door between my office and my residence open, and proceeded to obtain a warrant for my arrest for the second time. I responded to the warrant by surrendering myself to the shcrilT on Monday, October 29, at 9:00 o'clock in the morning. After my surrender to the sheriff, I was turned over to the District From that Attorneys office. of the on direction office, I was put at magistrate judge. I court. until the afternoon liberty went before the judge, and was released on a 52000.00 bond. On Tuesday, October 30, 1 called my friends together, who were present at the seizure of my office. which had unlawfully been taken from me. There was also a news photographer present. On entering my office about 2:00 o'clock that day. we discovered that the following things were missing: my tax record folder, the reel tape from my tape recorder, my 30-3- 0 hunting rifle, and my .32 caliber handgun. My apartment had been entered into by forccable break-i- n, in my absence, and a piece of equipment had been removed from my bedroom. All this was done without a warrant for seizure or without authority., for search. There may be other things removed from the premises, but this is not known at this time. My office has again been locked by the Bureau, thus depriving me once again of my livelihood." Dr. Chappell is a eraniognathologist. and has been in business in Albuquerque for several years. The locks on his were removed and property replaced by a representative from Waldsmith Key and Safe Service. The confrontation at his office with the agent from the Bureau of Revenue and the police officers was witnessed and recorded by several interested and concerned people. Limited information has been published about the sequence of events in the local papers. What do you readers think about our freedom and justice? What do you think about how the regular news media keeps us informed of the facts and details? What are you going to do about it? What would you like to see done about it? ' |