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2 rOTTNTY OF CLAY
COUNTY OF CTAY -- DIVISION 2
DIVISION 2 Bounty Qp^
3
4 William Duff, ) CASE NO. 07CY-CV06125
5 Plaintiff, )
6 ) ACTION
1 v. ) FOR TRESPASS, AND
8 ) TRESPASS ON THE CASE
9 OFFICER WHXIAM FRAZIER, (SERIAL 3092) )
10 AND )
11 OFFICER ALAN ROTH (SERIAL # 4090) ) VERIFIED
12 Defendants. )
13
14
15 PLIANTIFF INVITES THE COURT TO TAKE COGNIZANCE September 12, 2007
16
17 To wit;
18
19 The Subject matter being adjudicated in this case is specific to plaintiffs individually held Right of
20 Liberty and Right to own property. Recently, defendants have injected, by way of their motions to
21 dismiss, an additional right of action as subject matter here to be adjudicated; Plaintiffs Right to
22 contract. All of which, plaintiff declares are Rights of Action belonging to Plaintiff. The controversy
23 arises from Defendants and their agent's insistence upon regulating these rights of action;
24
25 1. The attempted regulation upon plaintiff1 s right of action arises from Plaintiff s presence on the
26 public right of way with his property (auto) without;
27 a. State permission in the form of State Driver license;
28 i. Defendants make the statutory claim plaintiff "must" have a State issued Driver
29 license, however, Defendant fails to provide this court with competent evidence
30 that said State Statutory Claim is superior to Plaintiff's Right of action to be on
31 the public right of way with his property where no claim of injury attends.
32 ii. Conversely, plaintiff offers City of Chicago v. Collins et al., Supreme Court of
I
33 Illinois. 175 111. 445, 51 N.E. 907 (Oct. 24, 1898).
34 b. State permission in the form of State issued license tags;
1
The license in the latter-named case is designed to operate upon those who hold themselves out as
common carriers, and a license may be exacted from such as a proper exercise of police power; but no
reason exists why it should be applied to the owners of private vehicles, used for their individual use
exclusively, in their own business, or for their own pleasure, as a means of locomotion. Farwell v. City of
Chicago, 71 III. 269; Joyce v. City of East St. Louis, 77 111. 156; Chy of Collinsville v. Cole, 78 111. 114; Chy
of St. Louis v. Grone, 46 Mo. 575; Livingston v. City of Paducah, 80 Ky. 657; City of Covington v. Woods
(Ky.) 33 S.W. 84 A license, therefore, implying a privilege, cannot possibly exist with reference
to something which is a right, free and open to all, as is the right of the citizen to ride and drive over the
streets of the city without charge and without toll, provided he does so in a reasonable manner.
35 i. (see la(i))
36 c. State mandated commercial contract for automobile insurance;
37 i. All insurance companies will not sell automobile insurance to anyone who does
38 not consent to and use the State Driver License. As such, having automobile
39 insurance, while generally being a good idea which plaintiff would have were it
40 possible. However, being impossibility, the law could not expect it.
41 And now
42 d. An automobile (they call a "motor vehicle") that Attorney Generals office now claims;
43 is purchased fraudulently Even though Plaintiff lias entered into evidence in this case a
44 copy of the bill of sale ceding "all Right, Title and interest of every kind" in that
45 automobile to Plaintiff. And to which Plaintiff now adds, a copy of the certified check
46 used to purchase said property (see exhibit Z attached hereto), complete with sellers
47 name and assignment, as further evidence of said ownership.
48
49 From this analysis of the issues, it is becoming apparent there is possibility of a fraud being perpetrated
50 somewhere in this controversy. But is it the Plaintiff that is perpetuating it? Or is it the people in State
51 offices, whom the Attorney General is really acting to protect, who have devised or are perpetuating a
52 scheme designed and implemented into Missouri Statutes that serves to severely diminish the peoples
53 Right to Liberty and to own and use Property, which the State could not ordinarily restrain, all the
54 while generating fines and fees for State Revenue out of what would otherwise be the practice of
55 people enjoying the fruits of their Liberty and property, free from restraint by the State? It should
2
56 come as no surprise, given the path plaintiffs proof is taking us; Plaintiff sees fraud in the latter and
57 none in the former.
58
59 SUMMARY
60
6! In their official capacities, defendants can act only in accordance with powers granted by the people
62 against plaintiff upon subject matter that comprehends an injury plaintiff has done or by some form of
63 contract plaintiff has consented to. Plaintiffs papers filed in this case state expressly he does not
64 consent to any such contract, and certainly not an adhesion contract as defendants are intimating exists.
65
66 Statutes are claims of authority that represent rebuttable presumption of law. Plaintiff has more than
67 rebutted the statutory presumption being subordinate to plaintiffs Right of Action. Defendants do not
68 assert that plaintiff has injured anyone. As such, only one possibility remains that would lend any
69 credibility at all to defendants claims, to wit; The state of Missouri possesses an ownership interest in
we don't know for sure because it is not clearly stated in statute or in practice and it is not stated clearly in any contract
3
if you ask 100 people if they own their car, 99.99% will say they do.
4
The Manufacturer is a State created Corporation and therefore subject to State Regulation, (fact)
09/08/07
Account: 991112
•Jame: Cashier Checks
Blue Ridge Bank & Trust Co
Vddress: HOLD MAIL
,XXXXXXXXXXX
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