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Re: A Disservice to Mr. Bell



At 07:16 AM 11/10/96 -0800, Dale Thorn wrote:
>jim bell wrote:
>
>> Interestingly enough, the one thing the Commonlaw court system needs is an
>> effective enforcement system.  One likely method is the commercial lien
>> process, but even that tends to be resisted by people who are far more used
>> to dealing with equity court personnel.  It turns out that my AP system
>> seems to mesh almost perfectly with their needs, although obviously in
>> practice it would only be used as a "last resort."
>
>Speaking of Common Law courts and their Liens, the feds have expanded their crackdown
>begun with the Freemen of Montana.  They arrested Elizabeth Broderick and several of
>her associates or whatever, and I know at least one person personally who is hiding
>or keeping a very low profile at least.  [these are people in the common law/lien
>business]


This is, generically, a dispute that the Federal government will eventually 
lose, I think within 10 years or so.  Commonlaw courts were quite real (in 
fact they pre-dated equity courts by at least 2-3 centuries), and they can 
rapidly reconstitute themselves along their original lines. 

There are, I think, two reasons that the equity court system (and their 
sleazy lawyers, both on and off the bench) are worried.  First, what they 
have now is, effectively, a monopoly on "justice."  The re-emergence of 
commonlaw courts would provide competition that has been long gone.  Think 
of it like any monopoly that suddenly has to accept competition.

  The second reason is that with the return of commonlaw courts will be 
eliminated the tradition (and that's all it was, effectively a tradition) of 
judicial immunity.  Imagine how easy it could be to bring criminal charges 
against judges, lawyers, cops, and others who are either "impossible" to sue 
or at least very difficult.  






Jim Bell
[email protected]