State of Utah, United States of America.

To:  You with eyes to see, ears to hear, and hearts to

        hearken to the Truth, and who love Freedom.

You are my witnesses.  No person in the Utah Legislature on  this 16th day of  April, has a valid oath of office on file in the State of Utah.  We have searched the records together and separately, and know that the oaths were not administered, subscribed and filed with the signature of the person who administered the oath to each member of the Utah Senate in 2000 or 2002 A.D., nor  do any of the members of the Utah House of Representatives have duly administered oaths of office on file with the secretary of state or in the division of archives.

In 2001, Nolan Karras, shown as "former speaker of the House" is shown as the person who "unofficially" administered the oaths to those who were unofficially elected in unofficial election in 2000 A.D.,, and in 2003 A.D., another "former speaker of the House" Norman H. Bangerter, in an act of unofficial misconduct, administered the oath of office in violation of  section 76-8-203, by exercising the functions of a public office without first filing an oath of office and after his term of office had expired, as did Nolan Karras two years before. 

Today, every seat in the Utah Legislature is vacant as a matter of law.  Michael O. Leavitt, and Olene Smith Walker, who claimed to be public officials, as governor and lieutenant governor, were the ones responsible for this failure to see that the laws of the State of Utah were faithfully executed.  But instead, they stood by and allowed me to be unofficially, unlawfully , criminally and unconstitutionally "arrested" on three different occasions;   January 5, 1998, October 6, 2000, and August 22, 2003 A.D., and refused to appear as witnesses at my unofficial trial on October 27, 2003 A.D., before Dennis Marc Fuchs, a man who held me in Jail under false warrants with several other false "judges," when Dennis Marc Fuchs had failed to file an oath of office within the times prescribed by law in January , February or March of 2003 A.D.  He had no authori! ty under the Constitution of the United States or the laws thereof, nor under the Constitution of the State of Utah or the laws thereof, preside at my trial, or any other trial. 

My trial was coram non judice.  Dennis Marc Fuchs exercised the functions of a public office when he had not taken, subscribed and filed an oath of office within sixty days after the beginning of the term of office in 2003 A.D.  Every act he has performed since then has been unofficial, void and criminal.  Jan Kerr and Ron Robinson were with me when we examined the oaths of office in October before my unofficial trial, where I was denied witnesses in my defense who had the oaths of office from 1973 through 2003 A.D., at the courthouse, but they were not permitted to testify even though they were present with their supposed attorneys, who were also unofficial.  Because of these failures the courts and  Utah State Bar are dissolved.

Those records prove that Dennis Marc Fuchs, Christine M. Durham and all supposed members of the Utah legislature do not hold public office under the Constitution and laws of this State or of the United States, and therefore, Olene Smith Walker is not governor or the State of Utah and Gayle F. McKechnie is not the lieutenant governor of the State of Utah, because Christine M. Durham failed to file an oath of office as chief justice of the Utah Supreme Court, and she is the person who unofficially administered the oath of office to Olene Smith Walker and Gayle F. McKechnie on the 5th Day of November in the year of our Lord, Jesus Christ, 2004.  I witnessed it.

Micheal O. Leavitt, Olene Smith Walker  Christine M. Durham, Mark A. Shurtleff and several others  were subpoenaed to be witnesses at my "trial" but refused to testify for or against me.  I was deprived of my liberty for a total of eighty-eight days under there influence and they refused to allow me to have due process of law and denied me a trial, in what they claimed was a criminal case.  Utah Constitution, Article I, Section 12 guarantees a jury trial when demanded.

The Constitutions provide that all crimes shall be tried buy a jury.  I demanded a jury trial but was denied a jury.  My rights were flagrantly violated.  These people have no lawful or constitutional authority to govern in the State of Utah, and because what they have done unofficially in the State of Utah, there are no official political parties registered with the secretary of state, and  the election laws have been unofficially amended to have candidates file for office at a time not prescribed by law, and the primary election is scheduled by them to be held at a time not prescribed by law.  Filing between March 7th and 17th, and a primary on June 22, 2004 A.D.

The official filing dates are April 15,  through May 10, 2004 A.D., and the official date for the Primary Election  is September 14, 2004 A.D., if there are any candidates who qualify to be on the official election ballots.

The elections this year could resolve these matters and re-establish The Constitution and laws in Utah, and fill all the vacancies in public office that have occurred because "our leaders cause us to err".  In seeking to resolve this vital matter the following exchange took place.

________________________________________________________________________

____________Letter From Dr. Ken Larsen, Personal Choice Party Moderator____________

Date: Sun, 11 Apr 2004 12:44:06 -0600 From: "Dr. Ken Larsen" To: webnetalert@mail15.com Cc: contact@personalchoice.org Subject: State Convention

 Hi, Larry, I'm trying my best to keep my candidate and Moderator hats distinct.

 First a message from your Party Moderator.

We will know for sure next Thurs, the 15th, whether we get Sugarhouse Park or have to settle for Fairmont Park.

 We want to have a major Personal Choice Celebration along with the PCP State Convention.

 A lot of the time will be taken by bands, open mike speakers, and just meeting each other and visiting the various booths.

 Business for the Party will probably take place around noon.

1.  The first official action, after the welcomes, will be balloting for Governor.

2.  You are required to submit to me three names you have chosen for Lt. Gov., in your order of preference.

3.  If you are chosen, the highest nominee on your list for Lt. Gov., with a majority approval, will be your Lt. Gov. candidate.

4.  Next will be balloting for Moderator and the one contested State House seat.

5.  Finally, we will vote on our Presidential candidate.

If you would like to be listed as a candidate for President, let me know and give me a name for your Vice-presidential candidate.

6.       You are required to submit your nominees for Lt. Gov.,

and your decision whether to run for President, by the 12th of May. Email is fine.

7.  Okay, now I switch hats and talk to you as a fellow candidate. My first choice for Lt. Gov. is Talea Shadowind.

8.  I would like your permission to list you as one of my other choices. I give you the same permission if you are so inclined.

9.      I also give you permission to list me as your Vice-presidential candidate if you so wish.

10.     One final personal question. Did you file with silver dollars, or did you fill out the impecunious form?

11.    I know you would never use Federal Reserve Notes, as if they were constitutional.

12.    Ken

_______________________________________________________________________ 

_________________Reply from Lawrence Rey Topham: 14 April 2004 A.D._____________

Dear Dr. Ken Larsen,

 Personal Choice Party Moderator and Candidate for Governor of Utah. 

I think that you wear both of your hats very well, and keep them appropriately separated.  You have always been most courteous to me.

1.  I look forward to confirmation of the Sugarhouse location for the Personal Choice Party Celebration and State Convention, the bands, the open microphone speakers and  meeting the people attending the convention and celebration on May 22, 2004 A.D.  What time do you anticipate that it will start?   And what about the booths you mentioned visiting?.

.2.  Concerning the Business that starts at noon.  I had a different thought about voting for Governor.  When I “filed” as a candidate for governor I had the thought that a primary election with a ballot in every voting district in the state would help the Personal Choice Party give every voter a personal choice, rather than have a few people make the decision in convention.

3.    The Personal Choice Party Constitution admonishes all party candidates to obey the Constitution and laws.  I intend to

do so, therefore, I will not be naming a candidate for the unofficial and unconstitutional office of lieutenant governor.  I will

explain this more below.  The actual constitutional office is secretary of state.  That is the office I currently hold,

constitutionally speaking.

4.   The balloting for moderator is next and I concur with that.  However, the contest for the legislature could alternately be done in a primary election, another potentially larger group to make a personal choice, rather than a very few in the convention.

5.   Next is the voting for president.  I declared as a candidate for president more than a year ago and have some websites I have been building for that purpose, so I would like to continue in that direction and would welcome the support of party members.  I would like to become a candidate in as many states as is possible.  Candidates should qualify in most states by a time in August 2004 A.D., after the national conventions.  Will the Personal Choice Party have a national convention?  I think it would be helpful.

6.   Concerning the vice presidential candidate.  The federal constitution requires that the candidates for President and Vice President be from different States, so two people from the same State cannot be on the ballot together, or elected to office.

7.   I would think it would be appropriate to nominate the presidential candidates in the national convention, if one is held.

7.       Please consider this notice as my request to be considered for the office of President in the Personal Choice Party.

9.   In voting in the State Convention it would be wise, in order to comply with the law, to elect five (5) presidential elector for the electoral college should the party candidate be elected from Utah.

10.   I have addressed my decision as a candidate for President, and that I will not submit a name for lieutenant governor, and my reason for not doing so. If you would like a name for secretary of state then I would like to submit a name for that office by the 12th of May, and will notify you by e-mail as you suggested.

11.    Should you receive the nomination for governor at the convention, then I would like to be nominated for the office of secretary of state in order to conform to the official Utah Constitution.  In my view, we cannot support, obey and defend the Utah and United States constitutions if we do not conform t o their requirements.

12.   You will have to decide whether you would choose a “lieutenant governor” or a secretary of state as your first choice.

13.   Should I win the nomination for governor, then perhaps, you would consider running for secretary of state.

14.   Remember, the presidential and vice presidential candidates cannot be from the same state.

15.   I did not file with silver dollars because the office of lieutenant governor is not a public office in the State of Utah, see the more complete explanation below.  When I filed with silver dollars in 1978, none of them got to the treasurer’s office, the were taken by people in the “filing office” which I view as theft of public money, but even then, it was not a n official public office.  Finally, I have not used the falsely made and issued and circulated “bills of credit” notes of the treasury and Federal Reserve, because of the felony statutes that are violated by those who make them, issue them and circulate them, as stated in 18 USCA 334, 18 USCA 471, 472, 473; Making extortionate extensions and collections of credit, as stated in! 18 USCA 891, 892, 893, 894; and racketeering, as stated in 18 USCA 1961, 1962, 1963; in addition to conspiracy to defraud the government of the United States, and mail and wire fraud, as stated in 18 USCA 371, 1341, 1342 and 1343, and also rebellion, insurrection, misprision of treason, and treason.  These federal felony statutes are found on one of my web pages at: http://www.geocities.com/webnetalert/USFELONIES.html.

16.   Hans Verlan Andersen was the foremen of the grand jury which returned two indictments of the Federal Reserve Bank in this district, The Federal Reserve Bank of San Francisco; the first on February 16, 1982 A.D., with a unanimous vote of 18 to 0, and the second on July 7, 1982 A.D., with a 16 to 4 vote.  This took place at: 350 South Main Street, Salt Lake City, Utah.  Brent D. Ward as “U.S. Attorney” said there was no investigation and no indictment, but the foreman said they had more information against the Federal Reserve Bank than in any other indictment they returned.  The reported national debt of the United States, according to the indictments, was about 1,000,000,000,000 (in false not! es and fictitious bank credit and counterfeit coin). Today the reported national debt exceeds 7,140,000,000,000, a sevenfold increase.  If the indictments had been honored the debt would not have increased at this such a rapid rate.  This false security debt is, perhaps, the very greatest threat to freedom that exists on earth today.  False money and fictitious credit inflation is the cause.  That is why dealing in counterfeit coins and securities must be stopped.  Everyone supporting this racketeering, rebellion, and insurrection, is supporting the overthrow of the United States government and Constitution.  James Madison spoke about insurrection in relation to a rage for paper money in Federalist No. 10, which is also l! inked to my website. http://www.geocities.com/webnetalert .  Ezra Taft Benson said about inflation, “Technically, it is called deficit spending.” “Ethically, it is counterfeiting.”  “Morally, it is Wrong.” “ We must stop inflation.” U.S. Inflation Debt Clock

Gold and Silver Coin

17.   Because of what I did in 1976 A.D, through 1981 A.D., I was prepared to furnish the United States Grand Jury the information from the civil case I appealed from the Murray City Court, to the Third District Court, to the Utah Supreme Court and then to the United States Supreme Court.  It was over a credit card balance of approximately one thousand dollars, according to the claim made by the Continental Bank here in Salt Lake City.  In the Murray court I asked what the bank would give me for a five dollar Federal Reserve Note and he replied, “another five dollar note.”  I ask him if he would redeem it dollar for dollar in silver coin and he said no.  The “judge” told the jury to rule against me.  I told the judge afterward that I thought he had made a constitutional error in his courtroom.  He courteously invited me into his chambers to discuss the claimed error.  He opened his law dictionary to find the definition of the word coin.  It simply said: Metallic money. The discussion was over. The error was proven, so I appealed.  A silver dollar at the time of the trial was valued at three times as much as a one dollar Federal Reserve Note.  But the bank had not loaned dollars, it had only loaned credit represented by these, so called, Federal Reserve Notes that could not be redeemed in “lawful money of the United States” which was to be construed to mean “gold and si! lver coin of the United State,” as stated at 12 USCA 152, which was the only place in the United States Code Annotated that lawful money of the United States was defined.  The only other place it is defined is in the Constitution of the United States.  “No State shall … make any Thing but gold and silver Coin a Tender in Payment of Debts;”. The “judge” in the Third District Court for my appeal, like the Murray City judge, told the jury how to vote, the ratio between a dollar note and a silver dollar was five to one, which made the note, at best, only worth twenty cents.  But remember the banker would not redeem the notes he used at the bank in silver dollars-lawful money of the United States.  So I again appealed the decision to the Utah Supreme Court in 1978, and when they issued a per curium decision in 1979,! the notes had fallen to 12½ cents on the dollar, an eight to one ratio. So then I appealed to the United States Supreme Court on September 17, 1979 A.D..  They refused to accept my appeal and converted it into a petition for a writ of certiorari.  The difference being, an appeal they are required to hear, but a petition they may refuse to hear.  Nevertheless, in December 1979 A.D., when they issued their order denying certiorari, the ratio between a silver dollar and a dollar note was 11 to one, so the notes could only be exchanged with coin dealers for nine cents on the dollar.  On January 21, 1980 A.D., the closing London gold fix price was 850 “dollars” and silver was fixed at 53 “dollars.”  This shows a decline of the dollar notes at a ratio of 40 to one wit! h a silver dollar.  It proved that while my case went through the corrupted court system, the “judges” would not support, obey or defend the Constitution of the United States.  The whole nation, yes, the whole world, was a witness that I had won my case, but the court refused to recognize what was all around them.  It is proper to note here that all of the “judges” were receiving their “undiminished compensation” in the diminished  “Federal Reserve Notes” and counterfeit coins, which instead of being gold and silver coins of undiminished value, were  cupra-nickel coins which contained neither gold or silver.  Thus it is proven that the judges support the counterfeiting activities of “the members of Congress, the “Presi! dent” and others acting under his direction, as well as those in the Federal Reserve System.  The entire “government” has been converted into a counterfeiting operation.  They have all violated the statutes, referred to above, that forbid the making, issuing and circulation of false securities, false coin and fictitious bank credit, making and collecting extortionate extensions of credit, engaging in racketeering activities, defrauding the United States, committing mail fraud and wire fraud, in rebellion, insurrection and treason against the government of the United States, thereby depriving the people of the United States of the power to pay taxes to pay the debt s, or pretended debts, of the United States.  All of the debts can only be paid in gold and silver coin of standard regulated value, any thing less is embezzlement as defined in the laws of the! United States.  In order to support, obey and defend the Constitution of the United States and the Constitution of this State, it is necessary for me, as secretary of state, not to “make any Thing but gold and silver Coin a Tender in Payment of Debts.”  A dollar is the standard of value of the Constitution and laws of the United States made in pursuance of the Constitution, and the dollar of the Constitution and laws of the United States is three hundred seventy one and four sixteenths grains of pure of fine silver as stated in the first coinage act of April 2, 1792 A.D.  Whatever is more or less than this comes of evil.  http://www.angelfire.com/ut2/lrtopham/convention.html

The Oath of Office Required by U.S. Constitution and Law

18.  This next item is concerning the oath of office required by Article VI of the U.S. Constitution.  The first act of the Congress of the United States, in compliance with Article VI, was the act giving the actual oath to be administered the legislative, executive and judicial officers of the United States, and of the several States, except for the president of the United States, and is found in the Statutes at Large of the United States, Volume one, page 23, or 1.Stat. 23. The federal statute requires State officers to take the oath before entering upon the duties of their respective offices and requires the oath to be administered by a person having authority to administer oaths and is required to be recorded as required by State law.

The Oath of Office Required by Utah Constitution and Law

19.   In establishing the Utah Constitution the members of the Constitutional Convention required every delegate to take the oath of office before being permitted to participate in the convention. One man said he had taken an oath previously but there was no record of it in the convention record so they required him to take it again before he could participate.  They took this matter very seriously. If the oath was administered without being recorded it had to be done again before a delegate was permitted to take part.  The Utah Constitution, pursuant to the United States Constitution and 1 Stat. 23, requires all officers made elective or appointive by “this Consti! tution” to “take and subscribe” the oath of office before entering upon the performance of their duties.  This is in compliance with Article VI of the U.S. Constitution, and the first act of Congress.  The State of Utah requires every state or local government officer to take Utah’s constitutional oath of office.  In the United States Supreme Court in the case of , 59 U.S. 137, (1856), the court stated that failure to take and file the required oath of office within the time prescribe by law creates an ipso facto vacancy in the office, all acts perform are void, late filing confers no power to act, and no person is authorized to administer the oath after the time for filing has expired.  This case related to a “sheriff” who had not taken the oath of office within the ten days prescribed by law, but he later f! iled his oath of office certificate, but the court said, the late filing conferred no power upon him and the administering of the oath after the time for filing expired was not a compliance with the law.  Utah’s Constitution and laws require the same performance as provided in Utah Constitution Article 4, Section 10, and in the Utah Code Annotated, 1953, sections 52-1-2, 52-2-1. and  76-8-203.  52-1-2 requires that “All state officials shall fire their oaths with the secretary of State.  52-2-1 provides that if persons duly elected or appointed to public office fail to qualify within sixty days after the beginning of their term of office the office shall become vacant and shall be filled as provided by law. http://www.angelfire.com/ut2/lrtopham/Oath.html

For Thirty Years Persons In Utah  Have Failed To Qualify for Public Office

20.   In 1973 Calvin L. Rampton and Clyde L. Miller failed to take, subscribe and file the required oath of office. As a result their respective offices of governor and secretary of state were vacant as a matter of law during the four year terms.  Following the 1974 election no person elected to the Utah Senate filed the required oath of office with the secretary of state.  Senate seats, generally, are four year terms with seats divided as close as possible so half of the seats are up for election every two year, this generally means 15 senators are to be elected in one election and 14 are to be elected in the next election.  For 16 years no person elected to serve in the Utah Senate file their oaths of office with the secretary of state, so they had no authority to make any laws or propose any amendments to Utah’s Constitution during that 16 year period of time, from 1974 A.D., to 1991 A.D.  During this sixteen year period, 1974 to 1985, the unofficial senators, acting without legal title to office, and in criminal violation of 76-8-203, they attempted to change the place for filing oaths of office three times; first from secretary of state to lieutenant governor-secretary of state, then to lieutenant governor, then to the division of archives.  But those senators who attempted to change the name of the title from secretary of state, or to change the place for filing to the division of archives did not comply with the law and failed to file oaths of office with the secretary of state, the lieutenant governor-sec! retary of state, the lieutenant governor, or the division of archives.  I have letters to that effect from the division of archives. Also, no member of the Utah House of Representatives  for the terms beginning in 1987 and 1989 filed the required oaths. So no official legislation or constitutional amendments have been made since 1974 A.D.

21.  In 1989 no person filed an oath of office as a legislator, nor as an executive officer, nor as a supreme court justice. The election laws have been unofficially changed to have a primary election in June rather than in September, the time for filing of candidates was unofficially changed to March 7 through March 17, instead of April 15 through May 10.  If we are to comply with the law for an official election we must file with the secretary of state between April 15 and May 10, 2004 A.D., for the September 14th Primary.

http://www.angelfire.com/ut2/lrtopham/Oath.html

Constitutionally Yours, In The Cause of Truth,  Freedom, Zion and The Constitution.

Lawrence Rey Topham

Secretary of State, and

Acting Governor

State of Utah