IN THE UNITED STATES DISTRCT COURT FOR THE DISTRICT OF ALASKA

Transcription

1 IN THE UNITED STATES DISTRCT COURT FOR THE DISTRICT OF ALASKA Gordon Warren Epperly P.O. Box Juneau, Alaska Tel: ( Gordon Warren Epperly, Sui Juris Petitioner, State of Alaska, vs., vs., Respondent, The United States of America, [UNITED STATES], Respondent. District Court Case No. 1:15-CV SLG Motion for Supplemental Pleading Petition For A Redress Of Grievance Oral Arguments of U.S. Supreme Court and Contracts of Federal Land Patents COMES NOW THE PETITIONER, GORDON WARREN EPPERLY, hereby moves the Court allow this Supplemental Pleading be entered in the record of the Court. Supplemental Pleading Case No. 1:15-CV SLG. 1

2 Oral Arguments of the U.S. Supreme Court 1. On page fifteen (15 of the Petitioners Petition for Redress of Grievance, the Petitioner, Gordon Warren Epperly cited the U.S. Supreme Court case of Gonzales (Ashcroft vs. Raich. 545 U.S. 1 in support of his Petition. As this U.S. Supreme Court case address several issues of the Petition of the Petitioner, the Oral Arguments of that case is relevant the Petition and would be of interest the Judicial Officer of the above named Court. The Oral Arguments of Gonzales (Ashcroft vs. Raich ( supra. may be accessed on the Internet at: and it is being supplied with a PDF File copy of the case on a Computer Diskette for the convenience of the Respondents and of the Court. This Oral Argument of Gonzales (Ashcroft vs. Raich was not available the Petitioner at the time of his filing of the original Petition for Redress of Grievance. Contracts of Federal Land Patents 2. There is another Controversy that needs be addressed and that is the conflict of the Powers of the U.S. Congress regulate the commercial movement of Marijuana under the Controlled Substance Law of The United States of America / 1 and the Powers of the U.S. Congress dispose the Lands of the United States in private Homestead ownership of the People. The Controlled Substance Law is in direct conflict with the Contract provisions of the Homestead Land Patent declarations of the expressed Rights, Privileges, and Immunities of the Petitioner and his Spouse the unrestricted use, excluding the reservations, of their Patented Land which implies, but not limited, cultivation, distribution, sale, and use of Marijuana. 1 / see The Controlled Substances Act, 84 Stat. 1242, 21 U.S.C. 801 et seq., Full text of the Federal Control Substance Law may be found on the Internet at: Supplemental Pleading Case No. 1:15-CV SLG. 2

3 3. During the days that Alaska was a Terriry, the U.S. Congress disposed much of the land of the Terriry in private Homestead ownership. / 2 These Homesteads are protected with Federal Land Patents which carries expressed Rights of the Claimant, Heirs, and Assignees which Rights that are Perpetual and without end: NOW KNOW YE, That the UNITED STATES OF AMERICA, in consideration of the premises, DOES HEREBY GRANT un the said claimant [Mathilda Katherine Streed] and the heirs [Esther Katherine Epperly] of the said claimant the tract above described [Lot 5 of the Mendenhall Peninsula Small Tract Unit No. 2, of the land embraced in U.S. Survey No. 3260, situate at the junction of Glacier Highway and Engineers Cuff about 11 miles northwest of Juneau, Alaska.] TO HAVE AND TO HOLD the same, gether with all the rights, privileges, immunities, and appurtenances, of whatsoever nature, thereun belonging, un the said claimant and the heirs and assigns of the said claimant forever; subject.... United States Patent Number dated November, 14, Land Patent is attached as Exhibit A1 4. The U.S. Congress has surrendered all of its authority over those Patented Lands with the exception of the Reservations as expressed within those Land Patents. The Respondent, State of Alaska is without authority regulate or tax / 3 the Rights of the claimant, assigns, or heirs of those Federal Homestead Land Patents as proclaimed within the Alaska Statehood Act / 4 of July 7, 1958: 2 / e.g. Act of Congress of June 1, 1938 ( 52 Stat. 609, as amended by the Act of Congress of July 14, 1945 (59 Stat. 467 and the acts supplemental there. 3 / The power Tax is the power destroy. The States are without authority tax any power of the U.S. Congress which includes the power dispose the lands of the United States (e.g. McCulloch v. Maryland, 17 U.S. (4 Wheat. 315 (1819. At no time has the U.S. Congress authorized the State of Alaska assess ad valium taxes upon Homesteads that are protected with Federal Land Patents. 4 / see Public Law , 72 Stat. 339, July 7, Full Text of the Alaska Statehood Act may be found on Internet at: Supplemental Pleading Case No. 1:15-CV SLG. 3

4 Provided, That nothing herein contained shall affect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locar, or entryman the full use and enjoyment of the land so occupied. [Emphases added]. See Sections 6(a & 6(b of Public Law , 72 Stat. 339, July 7, 1958 and restated within the Constitution for the State of Alaska: All provisions of the act admitting Alaska the Union which reserve rights or powers of the United States, as well as those prescribing the terms or conditions of the grants of lands or other property, are consented fully by the State and its people. [Emphasis added]. Alaska State Constitution, Article XII, Section The Contract provisions of the Federal Land Patents and of the Alaska Statehood Act grants expressed Rights the unlimited use of the Land with exceptions of limitations of the Land Patent the claimant, assigns, and heirs within the Alaska Statehood Act and those Rights are proclaimed be perpetual by the U.S. Congress. These Federal Land Patented Homesteads are islands of sovereignty existing within the boundaries of the State of Alaska. 4. There are no restrictions existing within the Alaska Statehood Acts or within the Homestead Land Patents that restricts the use of the Land of the Petitioner and Spouse the cultivation, distribution, sale, or use of Marijuana. As the Federal Control Substance Law was enacted several years after the U.S. Congress proclaimed the Rights, Immunities, Privileges of the claimants, heirs, and assigns within the Homestead Land Patents and within Supplemental Pleading Case No. 1:15-CV SLG. 4

5 the Alaska Statehood Act; the Law of the Federal Control Substances Acts of the U.S. Congress does not, and could not, apply those Federal Homesteads. PRAYER FOR RELIEF WHEREFORE, the Petitioner request the following additional relief: 1. Under the authority of 28 U.S.C. 2201(a, a declarary judgement stating the Rights of the Petitioner the unrestricted use of Federal Patented Homestead Land for the cultivation, distribution, sale, and use of Marijuana. Gordon Warren Epperly - Petitioner Certificate of Mailing COMES NOW Petitioner, Gordon Warren Epperly, hereby certifies under penalties of perjury that a true and correct copy of the above Motion for Supplemental Pleadings with Computer Diskette of Oral Arguments of the U.S. Supreme Court have been Certified Mailed : Supplemental Pleading Case No. 1:15-CV SLG. 5

6 Certified Mail No State of Alaska Office of Atrney General P.O. Box Juneau, Alaska Certified Mail No Civil Process Clerk Office of U.S. Atrney 222 West 7 th Avenue Anchorage, Alaska Certified Mail No U.S. Justice Department 950 Pennsylvania Ave, NW Washingn, D.C by depositing said Motion for Supplemental Pleadings with Computer Diskette of Oral Arguments of the U.S. Supreme Court with the U.S. Postal Service, Mendenhall Station, at Juneau, Alaska. Dated this Fourteenth day of the month of May of the year of our Lord Jesus the Christ, Two-Thousand and Fifteen. Seal Gordon Warren Epperly - Affiant Supplemental Pleading Case No. 1:15-CV SLG. 6

7 SUMMARY OF CHAIN OF INHERITANCE Land Patent issued Mathilda Katherine Streed, the mother of James Donald Madsen and grandmother of Esther Katherine Epperly. The Land Patent passed on James Donald Madsen upon the death of Mathilda Katherine Streed. This right of passage is secured by a Statury Warranty Deed as recorded in Book 181, Page 191 of the Alaska Recording District 101 at Juneau, Alaska. The Land Patent passed on Gertrude Edna Madsen as sole heir being the wife of James Donald Madsen upon the death of James Donald Madsen. The Land Patent passed on Esther Katherine Epperly (Madsen upon the death of her mother, Gertrude Edna Madsen on June 19, With the inheritance of the Land Patent as the next of kin, Esther Katherine Epperly has become the Allodial land owner of the above described Land Patent. The Obituary of Gertrude Edna Madsen was published in the Juneau Empire at Juneau Alaska on June 25, This right of passage of Land Patent is secured by intent of a Statury Warranty Deed dated May 20 th 1968 and is recorded in Book 208, Page 287 of the Alaska Recording District 101 and by intent of a Quitclaim Deed as recorded in the Alaska Recording District 101 as No on August 5 th, SUMMARY OF CHAIN OF TITLE Name Name Book Page Date USA Land Patent # Mathilda Katherine Streed BLM Document No BLM Serial No. AKJ Nov. 14, 1958 Mathilda Katherine Streed James D. Madsen and Esther K. Epperly May 20, 1968

8 James D. Madsen and Esther K. Epperly Esther K. Epperly, Niels P. Epperly, and Bobbi J. Epperly Feb. 07, 1983 Esther K. Epperly, Niels P. Epperly, and Bobbi J. Epperly Niels P. Epperly Oct. 07, 1999 Esther K. Epperly Niels P. Epperly Recording Dist: Jan 18, 2002 Niels P. Epperly Esther K. Epperly Recording Dist Jan. 24, 2002 Niels P. Epperly Esther K. Epperly Gordon W. Epperly Recording Dist June 14, 2004 Gordon W. Epperly Niels P. Epperly Recording Dist June 16, 2004 Niels P. Epperly Esther K. Epperly Recording Dist: July 25, 2008 Gordon W. Epperly (spouse Esther K. Epperly Recording Dist: Jan. 09, 2009 Note: The above listing of recorded Deeds is flawed as shown with the inserted blue lettered words and with stricken words. The errors do not change the legal status of Esther Katherine Epperly as being the sole owner of the land under the Land Patent. The name of Esther K. Epperly appears on every Deed in the above listing. / / / / / / / / / / / / / / /

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12 Notice Of Congressional Amendments or Alterations Land Patents Congressional Removal of Land Patent Highway Right-of-Way Easement Reservation Lot 5 of the Mendenhall Peninsula Small Tract Unit No. 2, of the land embraced in U.S. Survey No. 3260, situated at the junction of Glacier Highway and Engineers cuff about 11 miles northwest of Juneau, Alaska. 48 USC 321A TO REPEALED. Section 321d, act June 30, 1932, ch. 320, 5, as added July 24, 1947, ch. 313, 61 Stat. 418, required a reservation of right-of-way for roads, roadways, highways, tramways, trails, bridges, and appurtenant structures in patents and deeds. Effective Date of Repeal Repeal of sections 321a 325 effective July 1, 1959, see section 21(d of Pub. L set out as an Effective Date of 1959 Amendment note under section 103 of Title 23, Highways. 48 USC 302 TO 308 TRANSFERRED. Codification Section 305, act Mar. 12, 1914, ch. 37, 1,38 Stat. 505, which required patents reserve rights of way the United States, was transferred section 975d of Title 43. Public Lands.

13 43 USC 975C TO 975G - REPEALED. Codification Section 975d, act Mar. 12, 1914, ch. 37, 1, 38 Stat. 307, required Alaskan patents contain reserve for right of way. Section was comprised of part of the last paragraph of section 1 of act Mar. 12, Section was formerly classified section 305 of Title 48 Additional Rights and Privileges added Land Patents Public Law (Alaska Statehood Act Public Law grants additional rights and privileges those rights and privileges stated within the United States Land Patents for Alaska. At Section 4 As a compact with the United States said State and its people do agree and declare that they forever disclaim all right and title any lands or other property not granted or confirmed the State or its political subdivisions by or under the authority of this Act, (Emphasis added Note: Lands that have previously been transferred in private ownership by Land Patents are no longer within the jurisdiction of the United States (with the exception of the reservations stated within the Land Patents. The United States government is without authority transfer ownership of such lands other individuals or a new State being admitted in the Union. and at Section 6: Provided, That nothing herein contained shall effect any valid existing claim, location, or entry under the laws of the United States, whether for homestead, mineral, right-of-way, or other purpose whatsoever, or shall affect the rights of any such owner, claimant, locar, or entryman the full use and enjoyment of the land so occupied: (Emphasis added